$8,000, do they just flat out sue for 8K? 2) In every case, the attorney seeks $3,500 for attorney fees. In a default judgment situation, don't I have a duty to swear in an attorney and have him testify concerning what seems to be a hefty legal bill? You would rule: The apartment complex is entitled to the balance of the rent under the lease (for example, $8,000 for the remaining 8 months). The apartment complex has to mitigate their damages and get a new tenant in; they can only recover for rent currently due. SCENARIO 13 This is a question concerning whether the right to a jury trial in an eviction case can be waived by a residential tenant in a written lease agreement. In a recent case, the plaintiff sued the tenant for both a non- payment of rent and a lease violation for other than non-payment. The lease was entered into on April 1, 2016. The lease contained a provision for the waiver of a jury trial for any matters under the lease. (Assume the provision was adequate in terms of its conspicuousness. ) Tenant timely asked and paid for jury trial; Plaintiff moved to Quash the demand for jury trial per R.510(b). I questioned the enforcement of the provision waiving jury trial under the 2016 amendment to Section 92.006(h) of the Property Code. Plaintiff responded that the eviction was being pursued under Chapter 24 of the Property Code, so the effect of the Chapter 92 restriction did not apply because none of the so-called "Chapter 92 issues" were being distinguishing FED actions (Chapter 24) from the Chapter 92 matters. But 92.0081 refers to the fact that a landlord is not prevented "by this section [92.0081]" from pursuing "other available remedies, including the remedies provided by Chapter 24." QUESTION: What is the proper way to evaluate whether a jury trial properly requested may be waived, if waiver is permitted at all for a residential tenant?
$8,000, do they just flat out sue for 8K? 2) In every case, the attorney seeks $3,500 for attorney fees. In a default judgment situation, don't I have a duty to swear in an attorney and have him testify concerning what seems to be a hefty legal bill? You would rule: The apartment complex is entitled to the balance of the rent under the lease (for example, $8,000 for the remaining 8 months). The apartment complex has to mitigate their damages and get a new tenant in; they can only recover for rent currently due. SCENARIO 13 This is a question concerning whether the right to a jury trial in an eviction case can be waived by a residential tenant in a written lease agreement. In a recent case, the plaintiff sued the tenant for both a non- payment of rent and a lease violation for other than non-payment. The lease was entered into on April 1, 2016. The lease contained a provision for the waiver of a jury trial for any matters under the lease. (Assume the provision was adequate in terms of its conspicuousness. ) Tenant timely asked and paid for jury trial; Plaintiff moved to Quash the demand for jury trial per R.510(b). I questioned the enforcement of the provision waiving jury trial under the 2016 amendment to Section 92.006(h) of the Property Code. Plaintiff responded that the eviction was being pursued under Chapter 24 of the Property Code, so the effect of the Chapter 92 restriction did not apply because none of the so-called "Chapter 92 issues" were being distinguishing FED actions (Chapter 24) from the Chapter 92 matters. But 92.0081 refers to the fact that a landlord is not prevented "by this section [92.0081]" from pursuing "other available remedies, including the remedies provided by Chapter 24." QUESTION: What is the proper way to evaluate whether a jury trial properly requested may be waived, if waiver is permitted at all for a residential tenant?
4.%20Eviction%20Scenarios%20--%203-6-18.docx