Legal Question in Landlord & Tenant Law in Texas

Eviction / lease ends

A tenant was given an eviction notice for non payment of January's rent. The lease expired on January 31, 2004 and the tenant was out by January 10th. The apartment complex has turned this over to a the district attorney in Austin to collect January's rent plus 18 days in February. They were not given notice that the tenant had vacated and they say they are due 18 days n February because the tenant did not give 30 day notice and they did not check to see if apartment was empty. One of the tenants went into the Army in January, the other moved out by the 10th. The lease expired at the end of Jan. Are the tenants liable for February even though the lease was up and they had been evicted?


Asked on 4/21/04, 2:19 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Eviction / lease ends

First, you are not evicted until a justice of the peace says you are evicted. In other words, an eviction lawsuit must be filed and the justice of the peace, at the hearing, rule in the landlord's favor. Just getting a letter does not mean you are evicted. Second, if the lease requires thirty days notice, they can charge you for the extra thirty days. Thirdly, I doubt very seriously the district attorney is involved in this matter. The district attorney handles criminal cases, this is a civil matter. There may be some relief to the person who went in the army under the statute that protects servicemen.

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Answered on 4/21/04, 3:12 pm


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