Hart v. Keller Properties

GUITTARD, Chief Justice.

This suit began in the justice court as a forcible detainer action to recover possession of an apartment. On appeal by the lessee to the county court at law, the lessor claimed damages for occupancy of the premises after termination of the lease and pending trial de novo. The court rendered judgment against the lessee for $3,175 based on a provision in the lease for a payment of three times the rent otherwise provided as a penalty for withholding possession. The lessee appeals, contending that the measure of damages is the reasonable rental value for the period of…