Texas Real property Law for commercial Landlords

Attorney General Texas - Texas Real property Law for commercial Landlords

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I have found that landlords commonly face the same set of issues and have the same set of questions pertaining to their rights, duties and obligations as landlords under Texas law. The answers to these questions depend on whether residential tenants or market tenants are involved. Although market and residential asset possession and performance have some similarities, the differences are numerous and diverse enough to account for cut off treatment for each area. This narrative is intended to discuss issues associated to market asset with market tenants only. This narrative is my effort to create a quick and very normal reference guide on the rights, duties and obligations of market landlords and operators under the Texas asset Code. It is by no means complete, but hopefully is informative enough to support the reader in asking informed questions of legal counsel and thus be more sufficient and frugal while consulting legal counsel.

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Attorney General Texas

You should not take this narrative as legal advice, and I strongly urge you to seek competent legal advice for your exact situation. The Texas legislature updates and passes new laws relating to landlord/tenant issues on a regular basis. In addition, Texas courts normally account for these laws. Thus, the laws discussed in this narrative are in consequent as of December 2005. I have not assumed any duty or enforcement to update this narrative beyond this date.

I. Duty to Mitigate

If a tenant abandons the leased premises in breach of the lease, the landlord has the duty to mitigate (lessen) the damages that the landlord would experience as a consequent of the abandonment. Thus, the landlord should not let the premises lie vacant in hopes of being able to recover lost rents from the tenant. This duty to mitigate damages may not be waived by the tenant, so any provision in the lease that tries to waive this duty or exempt the landlord from liability is void.

Ii. Security Deposit

A Security deposit is any expand of money, other than a rental application deposit or an expand payment of rent, that is intended primarily to derive performance under a lease.

Iii. Retention of Security Deposit

Before returning the Security deposit, the landlord may deduct from the deposit damages or charges for which the tenant is obligated under the lease or resulting from a breach of the lease. However, normal wear and tear (does not contain deterioration that results from negligence, carelessness, urgency or abuse) may not be withheld from the Security deposit.

If the landlord retains any part of the Security deposit, the landlord must reimbursement the equilibrium of the Security deposit and give the tenant a written narrative and itemized list of all deductions. However, this narrative and itemized list is not required if the tenant owes rent and no controversy exists regarding the number of rent owed. The reimbursement and written narrative and itemized list of all deductions is not required until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the Security deposit. However, failure to contribute a forwarding address does not cause the tenant to forfeit its right to receive a reimbursement or a narrative of deductions.

Iv. reimbursement of Security Deposit

A landlord must reimbursement the Security deposit not later than the 60th day after the date the tenant surrenders the premises and provides notice of the tenant's forwarding address.

V. Change of Landlord/Owner and the Security Deposit

The new owner or landlord of the leased premises is liable for the return of the Security deposit starting from the date title to the leased premises is acquired, except where the new owner acquired the premises by foreclosure through a real estate mortgage. However, the former landlord or owner remains liable for the Security deposit received while the man was the owner or landlord until the new owner delivers to the tenant a signed statement acknowledging that the new owner has received and is responsible for the tenant's Security deposit and specifying the exact dollar number of the deposit.

Vi. Liability of Landlord for Security Deposit

A landlord who in bad faith retains a Security deposit is liable for an number equal to the sum of 0, three times the part of the Security deposit wrongfully withheld, and the tenant's uncostly attorneys fees incurred in a suit to recover the deposit. It is presumed that a landlord who fails to return a Security deposit or to contribute a written narrative and itemized list of deductions on or before the 60th day after the date the tenant surrenders possession is acting in bad faith.

Vii. Preventing entrance to Leased Premises

A landlord may not intentionally preclude a tenant from entering the leased premises except with permission of the court unless such prevention results from (i) bona fide repairs, building or an emergency, (ii) removing the contents of the leased premises abandoned by a tenant or (iii) changing the door locks of a tenant who is delinquent in paying at least a part of the rent. The lease may alter this provision.

Viii. Changing Lock Due to Delinquent Payments

If a landlord changes the door lock due to delinquent rent payments, the landlord must place a written notice on the tenant's front door stating the name and address or telephone number of the individual or business from which the new key may be obtained. The new key is only required to be provided during the tenant's regular business hours and only if the tenant pays the delinquent rent. The lease may alter this provision.

Ix. Landlord's removal of asset After Abandonment by the Tenant

A landlord may remove and store any asset of a tenant that remains after the premises has been abandoned. The landlord may also arrange of the stored asset if the tenant does not claim the asset within 60 days after the date the asset is stored. The landlord must deliver by certified mail to the tenant at the tenant's last known address a notice stating that the landlord may arrange of the tenant's asset if the tenant does not claim the asset within 60 days after the date the asset is stored. A lease may alter this provision.

X. Abandonment by the Tenant

A tenant is presumed to have abandoned the premises if goods, tool or other property, in a huge enough number to indicate a probable intent to abandon the premises, is being or has been removed from the premises and the removal is not within the normal course of the tenant's business. The lease may alter this provision.

Xi. Interruption of Utilities

If the tenant pays for utility services directly to the utilities companies, the landlord may not interrupt or cause the interruption of such services unless the interruption results from bona fide repairs, building or an emergency. A lease may alter this provision.

Xii. removal of Doors, Windows, Locks, Hinges, Etc.

A landlord may not remove a door, window, attic hatchway, lock, hinge, hinge pin, doorknob or other mechanism associated to a door, window or attic hatchway cover from the leased premises. Additionally, a landlord may not remove furniture, fixtures or appliances furnished by the landlord from the leased premises. However, the landlord may remove these items for a bona fide repair or replacement, which must be instantly performed. A lease may alter this provision.

Xiii. Landlord May finish Lease Due to social Indecency Conviction of Tenant

A landlord may finish a lease signed or renewed after June 15, 1981 if the tenant or occupant uses the asset for an activity for which the tenant, occupant or any of their agent or worker is convicted of social indecency (prostitution, promotion of prostitution, display or distribution of obscene materials, sexual acts with persons under the age of 18, etc.) and such man has exhausted or abandoned all avenues of direct motion from the conviction. notice of termination must be by written notice within six months after the right to finish arises. The landlord obtains the right to possess the asset on the 10th day after the date of notice is given.

Xiv. notice Requirement Prior to Eviction

The landlord must give a tenant who defaults or holds over beyond the end of the term at least three day's written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties contracted for a shorter or longer period of time in a written lease or agreement.

The notice to vacate must be given in man or by mail at the premises in question. If notice is delivered in person, it may be by personal delivery to the tenant or any man residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. notice by mail may be by regular mail, by registered mail or by certified mail, return receipt requested, to the premises in question. The notice period starts from the day on which the notice is delivered.

Copyright 2005, Tri Nguyen

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