Legal Question in Real Estate Law in Texas

Statutes on breaking a lease

What kind of action (if any) can be taken against a tenant that breaks their lease with no notice. We have not been able to locate this tenant until recently when we found out where she works. This incident happened last August so it has been nine months. We were able to rent our property three months after the origional lease was broken. Do we have any recourse to recover the money lost because of this person breaking their lease? Can she be held responsible for the rent that was due while the property was empty? When she broke the lease, there were nine months still left in the lease that she signed. What about a hot check that she wrote us for over $700.00?


Asked on 5/23/02, 9:28 pm

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

Re: Statutes on breaking a lease

You have a cause of action against the tenant for breach of contract. Your damages are the money you lost until rerent, plus costs incurred rerenting, plus attorneys fees you incurr collecting. If the claim is less than $5000.00 you could sue in small claims court, representing yourself. If you get a judgement you will have to collect it from non exempt assets. In Texas you cannot garnish wages, but you can bank accounts. I don't know where the property is located, but in Houston there is a hot check unit in the police dept. Call 713-308-0900. Larry Maun 713.266.2560

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Answered on 5/24/02, 10:09 am


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