Coinmach Corp. F/k/a Solon Automated Services, Inc., Petitioner v. Aspenwood Apartment Corp., Respondent

Summary

The Texas Supreme Court held that a commercial tenant who remains in possession after a lease is terminated by foreclosure becomes a tenant at sufferance and therefore cannot be liable for breach of the terminated lease, is a trespasser liable for tort damages, is not a consumer for DTPA purposes, and cannot recover attorney's fees under the Uniform Declaratory Judgments Act. The Court affirmed the appellate court's dismissal of the breach‑of‑contract and DTPA claims, reversed the appellate court on the declaratory‑judgment claim, and remanded the trespass, trespass‑to‑try‑title, and tortious‑interference claims for further proceedings. Justice GUZMAN, concurring, warned that the holding may expose residential tenants to excessive liability and emphasized the need for heightened proof of intent in tortious‑interference claims.