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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The List of community property States

Attorney General Texas - The List of community property States

Good morning. Now, I learned about Attorney General Texas - The List of community property States. Which is very helpful to me so you. The List of community property States

There are two distinct laws that resolve asset possession in the event of death or divorce. They are known as community asset and coarse law. coarse law is also known as detach property. The list of community asset states only consists of nine states. 

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Attorney General Texas

The majority of these states are out west. Community asset means that whatever acquired while the marriage belongs equally to the husband and wife. If the husband and wife get a divorce, they will be required to split their assets they earned while they were together right down the middle.

The states that result the community asset law are Arizona, Nevada, California, New Mexico, Idaho, Washington, Louisiana, Wisconsin and Texas. All of these states agree that all things earned while the marriage should be divided equally at the time of a divorce.

Unless an estate plan is clearly written out and notarized, each state will resolve exactly who gets what in the even of a split between the couple. While they result the same normal rule, the courts will resolve exactly how their assets will be divided if rules between spouses are not written clearly.

Alaska also falls under the list of community asset states but has a microscopic more leniency when it comes to the law. The combine can resolve what asset they will consider separate and what they will think community. If person lives in one of the nine community asset states listed above, they have to be specific with any gifts or inheritance they may obtain while the marriage. If the individual decides they want to keep something that is given specifically to them, they need to put it in a detach list that is under their name only.

States who don't have the community asset laws keep all assets separated between the husband and wife. If a disunion occurs, the husband and wife keep all things that is in their own name, including debt. If whatever is listed jointly, the courts resolve who gets what.

Sometimes this can work out good if one person is the sole earner. They aren't going to give the other person the things they have worked hard for.

For investors that plan to or have over the years accumulated large amounts of investment properties and live in a state that falls under the list of community asset states, it would be wise to file your taxes detach from your spouses.

The tax benefits are not as great for those who file separately but they will have less tax liability.

The laws also make provisions for the funds of real estate investments into safe entities like microscopic liability fellowships or trusts. I would like to state very strongly that expert legal aid and guidance is very important and can safe you from getting in way over your head.

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property amelioration - What's an Entitlement and Why Do I Need it to Build?

Attorney General Texas - property amelioration - What's an Entitlement and Why Do I Need it to Build?

Good evening. Now, I learned all about Attorney General Texas - property amelioration - What's an Entitlement and Why Do I Need it to Build?. Which may be very helpful if you ask me so you. property amelioration - What's an Entitlement and Why Do I Need it to Build?

What is An Entitlement?

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Attorney General Texas

The definition of entitlement with regard to land improvement is the legal method of obtaining approvals for the right to fabricate asset for a single use. The entitlement process is complicated, time enthralling and can be costly, but know what you can and can't do with a piece of asset is vital to determining the real estate feasibility of your project. Some examples of entitlements are as follows:

Entitlement Examples:

1. Zoning and zoning variances for building heights, whole of parking spaces, setbacks. Your land use attorneys and zoning experts come into play here. My guidance is to heavily rely on their expertise and supervene their directions to avoid unnecessary delays in your approval process.

2. Rezoning. Depending on the current use allowed for the property, you might need to have the site rezoned which is a complicated process and sometimes cannot be done.

3 Use Permits. You may need to obtain conditional use permits and this goes hand in hand with zoning and zoning variances.

4. Road approvals. Do you need to put in existing roads? Who maintains the roads? Are there shared roads via easements? These are all questions that you need to have the answers to and be ready to comply with in the regulatory process.

5 Utility approvals. Are utilities available to the site? Do you need to donate land to the city in replacement for utility entitlements? Again, you will need to comply with the municipality regulations and standards.

6. Landscaping approvals. The city planning and improvement agencies must also approve your fabricate and landscaping. Your architect and engineers will be most helpful in this area.

Hire an Experienced improvement Team:

The best recommend is to hire an experienced improvement team of architects, developers, lawyers, task consultants, civil, soil, landscape and structural engineers and consultants at the onset to help you analyze, review, justify and recommend you about fabricate studies, applicable zoning and code requirements, and maximum improvement inherent of the property. Without an experienced team, it is extremely difficult and a lot of time will be wasted in trying to unblemished the regulatory process because the very nature of the regulatory process is so complicated.

Here is how the process works. First, remember to keep in mind that the process is very slow and frustrating and can take roughly 3 to 12 months or sometimes years depending on how complicated the task is. Part of the reckon is that each city planner has different interpretations of their local rules. Today, approvals involve jurisdictions overlapping such as city, county and state and these jurisdictions do not narrate with each other. It is extremely crucial that you fabricate good working relationships with these planners to obtain your approvals. Again, this is why you need to work with a improvement team that has already built these relationships with local staff of the local jurisdiction where your asset will be developed. These relationships will streamline and help to expedite your approval process. Your experienced team of experts will be able to negotiate issues for you and eliminate added requests by the local jurisdiction to avoid added delays in obtaining your approvals.

Regulatory Process:

Majority of improvement projects must go through unavoidable aspects of the entitlement process and some projects will be required to go through some public hearing processes for approval depending on each jurisdiction's rules. To begin, market improvement of land requires a narrate and approval from the local improvement narrate Board or Planning branch narrate Division. Each municipality has a different name but the functions are similar.

The process starts with obtaining site approval from the local Planning and improvement Department. By contacting the local Planning and improvement branch narrate Division, your devotee team will then put together a land use pre-application which complies with the codes of that single jurisdiction. By complying with the codes, this will eliminate added requests by the jurisdiction, added narrate and prolongation and unnecessary delays of the approval process. Next a meeting date will be set. You and/or your representatives will meet with the Planning branch to discuss the proposed task and narrate process. The process includes approval of your site plan, elevations, colors, landscaping, vicinity map, etc. Environmental information will need to be submitted also. There is commonly a fee that accompanies the application. The fees vary from jurisdiction to jurisdiction. If for some reckon your site plan is denied, you can petition to the City Council. The petition process varies from each jurisdiction. Once you obtain site approval, then you will need fabricate approval, devotee use permits. The fabricate approval process is where your architect will fabricate the building shell, core layout, covering appearance, building height, site layout, landscaping concepts, traffic impact, site access and utility layouts and submit them for approval. Neighborhood hearings are generally required for all general plan conditional use permits. You may be required to send out written notice or post information on the site. commonly the City will send notices to the neighbors also. Signs should be located on the property, and an open house meeting is generally held. Your improvement team will be instrumental in advising and assisting you so that you have a higher probability of achieving success in obtaining neighborhood approval. Be prepared, even if you comply with the regulatory process codes and regulations, there is all the time the possibility that the neighborhood may have their own schedule and that the hearings and decisions may not be convenient to your task going forward. This is where your attorneys and the rest of your improvement team's expertise and participation are crucial.

If wetlands are located on the asset you will need special documentation that states whether the Wetlands Act applies or not. If it does, whether it will supervene in important or insignificant impact as granted by evidence of a permit. Sometimes it is best to set aside or donate the wetlands portion of the asset and avoid improvement issues. Your improvement team will be able to recommend you on the best policy of performance once they have assessed all the information and reviewed the reports.

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