Legal Question in Landlord & Tenant Law in Texas
Lease Question
My question is in regards to leases. My fiancee a couple years back broke a lease to move in with her father after his heart attack. That apartment company is still seeking over $4,000.00 from her but she refuses to pay. I recently found out about this and I think we need to clear it up. I've heard that she may be only responsible for the time the apartment wasn't rented. I don't know if I should seek legal assitance or try and settle this myself. Thanks
1 Answer from Attorneys
Re: Lease Question
Several questions you need to address -- when was the last activity on this account? As the Statute of Limitations may bar further collection on the account.
Do they have a judgment or an open account?
The courts require a landlord to mitigate damages by re-renting the property. What efforts did they make? Did they re-rent? When?
All of the rules are found in Chapter 92 of the Texas Property Code, which you can access online.
It is likely that you can negotiate a much lesser amount to resolve this debt.
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