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Aspenwood Apartment Corp. v. Coinmach, Inc.

In part of its first issue, appellant argues that the trial court erred in granting summary judgment on its breach-of-lease claims because a holdover tenant is subject to liability if it breaches the terms of the lease under which it holds over. Houston's 1st Court of Appeals concluded that, as a matter of law, there was no actual or implied contractual landlord-tenant relationship between appellant and appellee. The 1st court further concluded that appellant did not consent to appellee's remaining on the premises as a tenant at will. Therefore, the trial court did not err in holding that appellee was a tenant at sufferance of appellant as a matter of law and thus could not be liable to appellant for breach of lease, nor did it err in dismissing appellant's breach-of-lease claims against appellee. Houston's 1st Court of Appeals, No. 01-08-00636-CV, 08-20-2010

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OPINION

Appellant, Aspenwood Apartment Corporation (“Aspenwood”), appeals the trial court’s rendition of a take nothing judgment against it based on the motions for summary judgment of appellee, Coinmach, Inc. f/k/a Solon Automated Services, Inc. (“Coinmach”). In eight issues, Aspenwood argues that the trial court erred (1) in dismissing Aspenwood’s claims for breach of contract; (2) in dismissing Aspenwood’s trespass and trespass to try title claims; (3) in dismissing Aspenwood’s tortious interference claim based on Coinmach’s status as a tenant at sufferance; (4) in holding Aspenwood’s trespass to try title claims moot after Coinmach vacated the premises; (5) in dismissing Aspenwood’s tortious interference claims based on the statute of limitations; (6) in dismissing Aspenwood’s DTPA claims on the ground that Aspenwood was not a consumer; (7) in finding that Aspenwood was not a prevailing party on Coinmach’s counterclaims; and (8) in dismissing Aspenwood’s Declaratory Judgment Act claim as invalid.

We affirm in part and reverse and remand in part.

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