Kennedy v. Andover Place Apartments

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that lease stating that a termination notice must “advise the Tenant that he/she has 10 days within which to discuss the proposed termination of tenancy with the Landlord” requires an opportunity to respond under Section 24.005(e)
• recognizing landlord may terminate standard HUD-subsidized lease for various reasons constituting good cause but may not terminate solely based on expiration of lease term because tenant has right to continue lease month-to-month after expiration of initial term
• reversing county court’s forcible detainer judgment awarding possession to landlord where landlord failed to provide second notice to vacate after expiration 11 of period provided for responding to notice of termination
• “[W]hen the lease requires an opportunity to respond to a proposed eviction and section 24.005 thus applies, the landlord must provide a separate, later notice to vacate.”
• “Under [Section 24.005(e)’s] plain language, when the lease requires an opportunity to respond to a proposed eviction and [S]ection 24.005 thus applies, the landlord must provide a separate, later notice to vacate.”

Source: CourtListener parenthetical corpus (CC0).