Babrie v. Copperfield Island Properties, Inc.

No. 96CV0717 (Tex. Dist. Ct. Galveston County Aug. 28, 1996) ; Clearinghouse Number: 51548

Description

Low-Income Tenant Challenges Unconscionable Lease Provisions

Abstract

Plaintiff tenant has filed his petition in this action challenging certain terms and conditions in his lease contract with defendant landlord. Tenant alleges that the lease sets forth a $25 late charge for rent payments made after the third of the month, with an additional $5 late charge for each day thereafter. Tenant asserts that, under this provision, in a 30-day month a tenant can incur a late charge of $155. Tenant also alleges that, under another lease provision, $35 may be automatically deducted from his security deposit when he moves out, even in the absence of fault or damage on tenant’s part. Tenant alleges that the lease contract appears to state that, if any lease term is violated, landlord has the right to enter the premises without notice and physically to remove any persons or personal property from the premises. Tenant asserts, on its face, this provision appears to do away with state landlord-tenant laws and judicial eviction procedures provided by state law. Finally, tenant alleges that the lease contract appears to state that landlord may enter the apartment for a myriad of reasons without providing any notice to tenant or obtaining tenant’s consent. Tenant asserts that landlord has already attempted to evict him illegally and he fears that landlord will attempt to enforce one of the challenged lease provisions against him in the near future. Tenant claims that landlord has violated state law by incorporating unreasonable, unconscionable, and illegal terms in the lease contract. He seeks declaratory judgment, an order permanently enjoining landlord from using or enforcing the challenged lease provisions and requiring landlord to provide current and past tenants with copies of final orders in this case, nominal damages, costs, and attorney fees.

Additional Information

Docket Date
1996-08-28 00:00:00+00:00