Legal Question in Landlord & Tenant Law in Texas

Can I Sue ?

My husband and I have let someone take over the payments on our mobile home it was a Lease With Purchase Option and was signed by both tenents with several stipulations to the lease on being that the rent be paid on time and if not they will have 14 days to vacate. There has been no payment made on said mobiule home since 06/01/2006 and tenent is still living there refusing to leave after notification was given. We ask that the mobile home be repoed because we can not affor to move it 200 mile to where we now live and cannot make monthly payments on it. I am diabled and do not work and have several medical issuses. I do not need the mental anguish this is causing me. We cannot afford an attorney to help us in this matter what would be the best approach and can we sue for all bank rent and late fees owed. Also what legal action can be taken against these tenents ? The trailer is located in another county and city from where we now live.


Asked on 3/27/07, 11:10 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Can I Sue ?

If you owe someone else the money on the mobil home, they may be entitled to the income from leasing the trailer under your loan agreement. If they are, suing the tenant makes little sense.

If the loan agreement does not contain an assignment of income provision, and the lease requires them to pay monthly you can sue them for breach of contract for back rent as well as what they would be obligated to pay under the lease. However, before you go to this expense, you need to investigate whether they would be able to pay such a judgement.

Short answer, sure you can sue but would you be able to collect?

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Answered on 3/27/07, 11:24 pm


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