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 foreclosure‑terminated lease is 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 breach‑of‑contract and DTPA claims, reversed its rulings on trespass, trespass‑to‑try‑title and tortious interference and remanded those claims, and reversed the appellate court’s reversal of the declaratory‑judgment claim, entering judgment for the tenant on that issue. Justice GUZMAN filed a concurring opinion expressing concern about the impact on residential tenants.