Legal Question in Credit and Debt Law in Texas

Apartment Eviction

My 20 yr. old son (cosigned by my wife as he was unemployed) entered into a one year apartment lease agreement to attend school. I lost my job 4 months into the agreement and was unable to pay the rent. He was given an eviction notice and required to pay the past due rent. He paid the past due rent and moved out within the week as they demanded. They sent us a letter saying that we owed the remainder of the year's lease($3021) and turned it over to a collection agency. Question: If he was evicted, can they still charge the entire years lease? The apartment was re-rented two or three months after he left.


Asked on 12/20/02, 12:40 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Apartment Eviction

Write to the collection agency challenging the debt. The landlord is entitled to the rent between your son vacating, and their re-renting the property. If they rented it for less than your son's rental, they are entitled to the difference over the balance of your son's lease.

They were under an obligation to mitigate their damages, which they did by re-leasing the property. They cannot claim the entire, unpaid amount of the lease.

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Answered on 12/20/02, 2:25 pm


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