Bockelmann v. Marynick
In Bockelmann v. Marynick, 788 S.W.2d 569, 571, 33 Tex. Sup. Ct. J. 430 (Tex. 1990), a husband and wife leased a duplex. Prior to the lease's expiration, the wife moved out of the duplex. The husband continued to occupy the duplex after the lease expired and became delinquent on the rent.
The lessors sued both the husband and wife for the unpaid rent. The trial court found the husband liable but not the wife.
The court of appeals held the husband and wife were liable for the unpaid rent because her joint obligation under the lease continued through her husband's holdover period. Id. at 571.
The supreme court, looking to the language of the lease, reversed. The lease in Bockelmann provided that if a tenant remained in possession of the leased premises after the lease expired, "a new tenancy from year to year shall be created . . ." Id. at 570.
The supreme court held that the wife was not liable for the unpaid rent because she was not a tenant when the holdover term began and the new tenancy was created. Id. at 572.