Dusick v. Owens

No. 96CV0699 (Tex. Dist. Ct. Galveston County filed July 22, 1996). ; Clearinghouse Number: 51549

Description

Tenant Challenges Late-Rent Fees

Abstract

Plaintiff tenant, in a petition she has filed, challenges defendant landlord’s lease term charging a $20-per-day late-rent charge (which in one month would equal almost twice the amount of the rent). Plaintiff also alleges that, according to the lease, if a lease term is violated and a ten-day notice is given, the defendant may place a lien on all tenant’s personal property and may enter the tenant’s premises and remove all persons and property. Plaintiff contends that these lease terms are illegal and unconscionable and in violation of Texas property law; by incorporating terms violating Texas law into the lease, defendant breached its own lease contract. Plaintiff seeks declaratory and injunctive relief, nominal damages, costs and interest.

Additional Information

Attorney Information
Plaintiff represented by Stephen C. McIntyre, Gulf Coast Legal Foundation, 2201 Market St., 1st Floor, Galveston, TX 77550; (409) 763-0381.
Docket Date
1996-07-22 00:00:00+00:00

Files

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