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Bockelmann v. Marynick

788 S.W.2d 569 (1990)

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Bockelmann v. Marynick

Texas Supreme Court

788 S.W.2d 569 (1990)

Facts

Brenda Bockelmann (defendant) and her husband, Hermann Bockelmann, rented a duplex from Samuel and Sharon Marynick (plaintiffs). The Bockelmanns’ final lease was for a 12-month term. The lease stated that if a tenant remained in possession of the property after the expiration of the lease, a new year-to-year tenancy would be created. Ten days before the lease expired, Brenda vacated the property. Hermann remained at the property after the lease expired but became unable to pay rent. Hermann and Samuel agreed to a loan that suspended rent for seven months and required repayment with interest. Some months later, Hermann vacated the property, having defaulted on the rent and loan payments. The Marynicks brought suit against the Bockelmanns to recover the unpaid rent, the expense of repairs, and the balance due under the loan. The trial court granted summary judgment for the Marynicks against Hermann but held that the Marynicks could not recover from Brenda. The Marynicks appealed. The court of appeals agreed that Brenda was not liable for loan payments. However, the court found that Brenda was liable for unpaid rent and the cost of repairs. Brenda subsequently appealed.

Rule of Law

Issue

Holding and Reasoning (Phillips, C.J.)

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