Q: Being sued for not paying rent after unauthorized access and damage to my room.
I lived in a property for six months under a one-year lease agreement. After I requested to be removed from the lease agreement, the property management refused, stating it was a court matter outside their jurisdiction. In the meantime, I discovered that both tenants took over my room without my consent and caused damage, including breaking the closet door and nightstand. I have pictures, text messages, and witnesses to support my claims. Although I haven't received any legal documents yet, I am verbally informed that I might be sued for not paying rent. How should I proceed legally to address these issues?
A:
The answer to your question depends on whether the "two tenants" are people you were sharing the premises with you under the lease (cotenants) or new people who rented the premises after you stopped living there.
When you sign a lease for one year, you commit yourself to paying rent for one year even if you choose not to live at the property for the full year. As the tenant, you are also responsible for protecting the property from damage (other than ordinary wear and tear) even if caused by your guests or cotenants. You may, however, have a valid claim against the two cotenants for the damage they caused and for any share of the rent they agreed to pay. In that instance, you should pay the landlord the rent and damages in accordance with your lease agreement, then sue your two cotenants for the damage they caused and for any share of the rent they agreed to pay.
If you surrendered the premises to the landlord after six months and the landlord relet the premises to two new tenants, you would not be responsible for damages that occurred after the new tenants took possession of the premises and you would only be responsible for rent if the landlord's lease with the two new tenants was for a lower amount of rent than you agreed to pay. In this instance, you should decline to pay for any damages caused after you surrendered the premises and raise the affirmative defense of "mitigation of damages" if the landlord sues you for rent for the period of time after the new tenants took possession of the premises.
A:
This situation sounds overwhelming, especially with the threat of legal action and damage to your space. Since you were still on the lease, the landlord may try to hold you responsible for unpaid rent—even if you weren’t living there. But the fact that your room was taken over without your permission and damaged changes things. That could support a claim that your rights as a tenant were violated, possibly giving you grounds to defend against any lawsuit.
You’ve already done a smart thing by collecting evidence—photos, texts, and witnesses can help show that your ability to live in the space was taken away. If the property management knew about the situation and failed to act, that could further support your defense. You might also have a claim against the other tenants for the damage and unauthorized entry, which could reduce or even cancel what you owe.
Right now, your next step is to document everything and keep it safe. If you do receive legal papers, don’t ignore them—respond by the deadline listed in the documents. You may be able to file a counterclaim for the damage or even breach of quiet enjoyment. This could be something a justice of the peace court in Texas would hear if the amounts are within their limits. Reaching out to legal aid in your area could also help you better understand your rights before things escalate.
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