Legal Question in Landlord & Tenant Law in Texas

We had a two year verbal lease on a house and 11 months into the lease, we were told we have to move in 30 days because the house was sold. Prior to moving in, I specifically asked if he planned on selling the house because I wanted to avoid this. Can I file a suit for the inconvenience, the additional deposits, etc. ? We live in Texas.


Asked on 9/02/10, 4:21 am

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

Anyone can file a lawsuit. However there are certain problems with your fact pattern.

The Texas Statute of Frauds requires that a contract to lease real estate for a period longer than one year must be in writing. Were you sue, it is likely that your lessor would allege that your claim was barred by the statute of frauds. Even if you could sue, the landlord is likely to argue that you are not entitled to damages for additional deposits as you would have to incur these after the lease terminated. If case was not barred, the most you could recover in the way of deposits, would be the time value of any deposit you had to pay now instead of 13 months later. I suggest you confer with an attorney in your area.

Read more
Answered on 9/07/10, 7:40 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Texas