Everybody in the morning! I am leaving the state and I am obliged to terminate my lease with one of the Gables. I have been informed by the leasing service that I have an obligation to give them a 60-day period in addition to a 2-month sentence. I look at my contract and there is nothing to do with the 2 month sentence. Are they able to do that or give me (a little) break since the rest of my lease is longer than 4 months? Gables submitted a traditional request for summary decision on Coonly`s charges of negligence and argues that the language of the above documents (together “the agreements”) prevents Coonly from maintaining a negligence lawsuit. In the appeal proceedings, Coonly argues that the above language does not preclu her claims of negligence. He points out that section 24 of the lease states that Gables is not liable for the loss of personal property due to theft or vandalism, “unless otherwise required by law.” According to Coonly, the common law of negligence is the applicable law, and the common law requires non-persons to compensate innocent victims for their negligence. However, coonly`s interpretation is that all common law grounds would be excluded from the general disclaimer, which would lead to an inconal waiver of the liability regime. We refuse to read the provision so that it makes no sense. Gables then filed a third application for non-registration and a traditional summary judgment on Coonly`s claims under the DTPA. By way of summary judgment, Gables reissued the agreements.
She also attached excerpts from Coonly`s dismissal certificate. Gables submitted that Coonly`s DTPA claims had been abandoned by language in the agreements. She also argued that all statements alleged by Coonly by her predecessor Post. Coonly was collected at Gable`s request and submitted that the waiver language in the agreements did not meet the legal requirements of the DTPA. See TEX. bus. COMM. CODE ANN.
Coonly also submitted that there were summary conclusions that supported Gables at Coonly. The court disagreed and issued a summary judgment.