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Texas - landlord's duty to mitigate

Hello.  I am involved in a lawsuit with my landlord.  I moved out because an attorney told me he violated the lease and terminated it by not fixing safety hazards,  ie.  rekeying locks and not fixing smoke detectors.    He is denying this happened.  He has filed suit against me for the ENTIRE amount of the lease (2 years still left on the lease).   My questions are numerous.  Can he really sue for the entire amount of the lease even though he has it on the market to release/sell the property?  In Texas, I thought there was a "duty to mitigate".  He is advertising the property at a higher lease rate than what we even paid!  Is that ok -- when it goes to court?    I also wondered (for my sake in case a judge sides with him on the safety issue)  is there a way that I can legally test their realtor to see if they really are trying to lease the house?   He always wanted to sell it and it's on the market in that fashion too.  Can I send a friend through to see how responsive they are?

In IL and WI, e-mails are fully legally & acceptable in all situations as proof. I've been sued by tenants in the past and my lawyer always gives me the same advice - 1. Show up on time, clean, groomed and nicely dressed. 2. Have everything well organized for quick easy retrieval if needed. 3. Never, ever, never talk to/argue with your opponent. 4. Look at and speak only to the judge as if they are the only other one in the room. If the landlord interupts you, stop, look at the judge and wait for him/her to ask you to continue. 5. When it's your turn, tell your side and state that you have documentation. If the judge wants to see it, they will ask for it. Remember, you're there to convince the judge and only the judge you are in the right, not the landlord. It has always worked for me. If it helps, statiscally, decisions typically favor the renter.   Oh, and spend a half hour a day for the four days prior just rehearsing what you will say to relax. Good Luck.
Thanks for your reply.  Yes,  I have all this information logged in email.   (the lease allows email to be a form of written notification).  The landlord also said that I denied him access to the property.  But,  everytime he came out I emailed a summary of our conversation to him and his wife.  What's interesting is he LIED in this lawsuit and I have the email proof!  He responded to the email summarizing the very visit that he claimed i prohibited from happening.  I would imagine the judge will love to see all of this.  The man is a big liar.  Will this documentation allow for the case to be thrown out?
What does the attorney say? Do you have written documentation that you contacted him regarding the safety issues? Did you give the landlord written and/or verbal notice of your plans to vacate based on those issues? if not, start documenting with date/time/cell phone bills all the times these issues were discussed. Everything helps. Anybody can sue anyone over anything for any amount. The problem is convincing the judge that the amount is justified by the event. Unless it's clearly stated on lease (and even if it is), he's going to have to prove that two years rent is fair and just compensation for losses incurred. One, maybe two months and deposit for apt condition is the most I've ever known.  As for the "can he lease", "is he leasing" question - in the end, it's his place, he can do whatever he wants with it. For what it's worth, I'm not a lawyer, just a guy for IL with 10+ years experience.
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