Legal Question in Landlord & Tenant Law in Texas

I am a college student in Texas. I signed a joint lease with 3 others and in December I was evicted. I was evicted because two other roommates were arrested because of drug charges. I was leasing the duplex through a realty company and the lease contract ends in July 2012. I am fine with paying the rent until the duplex is rented out again, but the owner is demanding that the total of accelerated rent be due immediately. Everyone has already moved out and we made the house ready, and in better condition than when we moved in, for new tenants to move in. The owner has stated that if we do not agree, he will be contacting his lawyer.

In the lease it states that I will owe them if we were judicially evicted, but I do not know if that was the case or not. I was told over the phone because I had already gone home for break. The realty company is saying that because we signed a joint lease I am still responsible for everything.

What are my options?

Thank you in advance.


Asked on 1/04/12, 5:20 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

You need to take the lease to a local real estate attorney. It sounds to me like you are liable for the rent until the place is released. In Texas, landlords have a duty to mitigate damages, which means they have to make commercially reasonable efforts to find new tennants. I would tell him that if he wants to call his lawyer, then do it. In the mean time, I'd find my own lawyer.

Landlords bully college student tennants all the time. Your own lawyer can carefully read your lease and tell you whether you're being bullied or if you need to write a check.

Good luck!!

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Answered on 1/07/12, 9:22 pm


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