Legal Question in Real Estate Law in Texas

Landlord Moved Back Into the Property

I leased with an option to purchase a residential property in Texas. The agreement gives me the right to sublet the premises, and/or assign the agreement. This is a 24 month lease which began on July 1, 2002. I have not been able to find any interested party, so we have an investment gone bad.

I paid the July rent out of pocket. It was late, but payment and 5% late fee were made.

The August rent, too, was late and the landlord became irate, (don't blame him). I stalled and then the September rent was due. On or about Sept 8 he moved back into the premises. On the 12th he demanded, and received, the keys to the property. I have a signed receipt of this from him. I never occupied the premises.

On Sept 18th he received all rents and late fees due from me via cashier's check.

He is now suing me for damages and wants all rents through June 30, 2004. He is claiming I breeched our contract first, so he is within his rights to take back the property.

Any opinions?


Asked on 9/21/02, 3:04 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Landlord Moved Back Into the Property

Owner is required to mitigate his damages. That is rerent the premises. In this case it appears he has rented to himself. I would take the position that you are entitled to an offset against your lease obligations of the fair market rnetal value of the property. Larry Maun 713.266.2560

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Answered on 9/23/02, 9:45 am


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