GALVESTON – Two residents in Galveston County are suing the landlords of a rental property for alleged violations of the Texas Property Code.

Heather K. Hays, also known as Heather K. Kinnett, and Lonnie Kinnett filed a lawsuit on Feb. 1 in the Galveston County District Court against Larry “Buzz” Wesley and Kristy Wesley.

According to the complaint, the Kinnetts signed two one-year leases, beginning in Dec. 1, 2013, with the other ending on Nov. 30, 2014, with a series of many months of month-to-month tenancy after. In the late spring or early summer of 2015, the Kinnetts allegedly signed a new six-month lease at the request of the Wesleys. After the signing, Heather Kinnett requested a copy of the six-month lease, but allegedly never received a copy of the lease, the suit states.

A notice and demand letter was emailed on Dec. 22, 2015, to the Wesleys asserting violations of Chapter 92 of the Texas Property Code and the Texas Deceptive Trade Practices Act surrounding the copy of the lease not being sent. The Wesleys retaliated by notifying the Kinnetts the following day to surrender the premises on Dec. 29, 2015, according to the complaint. There had been no notice to the Kinnetts of any termination of the rental or the lease prior to the demand letter, the plaintiffs state. The notice allegedly stated the lease terminated on Nov. 29, 2015.

Court proceedings were held on Jan. 13 and all relief was denied to the Wesleys, though they have allegedly continued to try to evict the Kinnetts since the proceedings with different eviction dates, the suit states.

The Kinnetts demand a jury trial, to be awarded relief for the economic and actual damage, mental anguish suffered, the respective penalties for the violations, and recovery all costs of the court and attorney’s fees. The plaintiffs are represented by James H. Dyer of Dyer and Libby in Houston.

Galveston County District Court Case number 6:16-cv-0136

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Dyer and Libby
1305 Prairie Street
Houston, TX - 77002

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