Stiles v. Lemongello

OPINION OF THE COURT

JAMES C. HAUSER, County Judge.

This cause came to be heard before this court at a trial on January 28, 1985. The landlord evicted the tenant and now seeks money damages from the tenant for back rent and damages to the premises.

ISSUE

The only issue in dispute is whether a landlord who obtained possession of the premises on January 3, 1985 is entitled to rent for the entire month of January or is limited to rent up through January 3, 1985.

*301. The landlord and tenant signed a written lease for 1 year commencing October 1, 1984 and expiring September 30, 1985.

2. Tenant was unable…