Legal Question in Landlord & Tenant Law in Texas

Lessee did not fulfill lease agreement requirements

A Texas company, signed a 1-Year Com. Lease Agreement on a building I own in Corpus Christi, Texas. This company paid a Security Deposit equal to 1 month rent.

They only used the building for 2 months, moved out & I paid their third month with their deposit.

I am going to represent myself.

What is the legal language that I should ask the Judge to have their property seize or held until I am paid for my 9 months rent, plus damages & items they stole.

I don't want to settle for a lein.

Thanking you in advance,

C.C.


Asked on 4/19/03, 10:01 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Lessee did not fulfill lease agreement requirements

Unless they abandoned property on your premises, you can't just go out and sieze their property. You file a lawsuit and get a judgment against the company, which they may or may not pay at a future date - depending on liquidity, stability, and creditworthiness. If it was a corporation or other entity that signed the lease you can only go after the corporation. If an individual signed the lease, you can sue the individual. In either case, if they have no money, they may also bankrupt out of the responsibility of fulfilling the lease. With the cost of litigation and attorneys' fees, in many cases, it is best to cut your losses, lease out the space again and move on.

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Answered on 4/20/03, 10:01 am


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