I have found that landlords generally 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 commercial tenants are involved. Although commercial and residential property ownership and operation have some similarities, the differences are numerous and diverse enough to justify separate treatment for each area. This article is intended to discuss issues related to commercial property with commercial tenants only. This article is my attempt to create a quick and very general reference guide on the rights, duties and obligations of commercial landlords and operators under the Texas Property Code. It is by no means complete, but hopefully is informative enough to assist the reader in asking informed questions of legal counsel and thus be more efficient and economical while consulting legal counsel.
You should not take this article as legal advice, and I strongly urge you to seek competent legal advice for your specific situation. The Texas legislature updates and passes new laws relating to landlord/tenant issues on a regular basis. In addition, Texas courts regularly interpret these laws. Thus, the laws discussed in this article are in effect as of December 2005. I have not assumed any duty or obligation to update this article 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 result 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 advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure 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 include deterioration that results from negligence, carelessness, accident or abuse) may not be withheld from the security deposit.
If the landlord retains any portion of the security deposit, the landlord must refund the balance of the security deposit and give the tenant a written description and itemized list of all deductions. However, this description and itemized list is not required if the tenant owes rent and no controversy exists concerning the amount of rent owed. The refund and written description 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 provide a forwarding address does not cause the tenant to forfeit its right to receive a refund or a description of deductions.
IV. Refund of Security Deposit
A landlord must refund 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 person 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 amount of the deposit.
VI. Liability of Landlord for Security Deposit
A landlord who in bad faith retains a security deposit is liable for an amount equal to the sum of $100, three times the portion of the security deposit wrongfully withheld, and the tenant’s reasonable 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 provide a written description 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 Access to Leased Premises
A landlord may not intentionally prevent a tenant from entering the leased premises except with permission of the court unless such prevention results from (i) bona fide repairs, construction 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 company 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 Property After Abandonment by the Tenant
A landlord may remove and store any property of a tenant that remains after the premises has been abandoned. The landlord may also dispose of the stored property if the tenant does not claim the property within 60 days after the date the property 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 dispose of the tenant’s property if the tenant does not claim the property within 60 days after the date the property is stored. A lease may alter this provision.
X. Abandonment by the Tenant
A tenant is presumed to have abandoned the premises if goods, equipment or other property, in a substantial enough amount 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, construction 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 connected 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 promptly performed. A lease may alter this provision.
XIII. Landlord May Terminate Lease Due to Public Indecency Conviction of Tenant
A landlord may terminate a lease signed or renewed after June 15, 1981 if the tenant or occupant uses the property for an activity for which the tenant, occupant or any of their agent or employee is convicted of public indecency (prostitution, promotion of prostitution, display or distribution of obscene materials, sexual acts with persons under the age of 18, etc.) and such person has exhausted or abandoned all avenues of direct appeal from the conviction. Notice of termination must be by written notice within six months after the right to terminate arises. The landlord obtains the right to possess the property 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 person 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 person 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
By: Tri Nguyen
Posts Tagged ‘Premises’
Texas Real Property Law for Commercial Landlords
March 16th, 2010New law Q&A
January 13th, 2010Marijuana in Amsterdam: New law/procedure description?
I was reading about how now you need to be a citizen to be able to smoke marijuana in Amsterdam these days. I was wondering if someone could elaborate? Just wondering if this new law is holding up the filming of a movie I want to see. You do NOT need to be.
MEXICOS new law?
what do u think about the new law they want to pass in mexico about–legalizing marijuana &cocaine, in small amounts? – i dont live in mexico – An idea whose time is come, to much of our resources are spent on the war on drugs and I wish the United States would decriminalize the drug laws,.
New immigration law and rioting?!?!?
The new law in the senate right now makes it a felony to be in the us illegally and makes it a harsher punishment to help illegal immigrants. Why is this a big deal, so big that people here in LA are rioting? Am I missing something? Why SHOULDN’T it be a felony to.
new law on immigrant’schildren?
well my mom told me that theres this new law that if your a kid from in an immigrant and you get involved with the police, they deport you back to your original country..even if you were born in the USA they would send you back to where your parents were from.is this true? i.
ATTENTION ALL SMOKERS..a new law has been passed .Does it affect you?
Listen to this. A new law in Arkansas effective tomorrow you cannot smoke in your own vehicle with a child 6 or under. Does this sound like it’s interfering with America’s Freedom to you? And what about the 7 yr old and up? Is that the age.
Bailiffs in England, what can they do and what can’t they do?
I just wanted to know what Bailiffs can do and what can’t they do. Was there a new law just passed that Bailiffs can enter your premises now if you owe credit card debts? I know what County Court Bailiffs can do, but what about the others?.
Online Poker?
I was wondering what the law is that bans online gambling in the us, what are the penalties of still playing online? Are there still sites that will take my money to play real poker online? How do these sites get away with not following the new law? It is now more difficult to get your money.
Peter had this vison that was to be a new law.? Why not Jesus? Who is the dog and who is the tail?
Peter had this vison that was to be a new law, that would cancel the Law of Moses regarding food. Where is all this coming from? Jesus fulfils the LAW How do all the other Jewish.
Questions?
Hello EVERYBODY, (it?? me Mexican Chika lol) Well look I kno you have been ask this question too many times! But can you clearly explain in your opinion why the new law they are trying to pass is okay or not okay? Do you think it is worth it? Will it affect the economy? Why do you believe.
Should US Congress establish new law prohibiting exporting US Oil ?
While oil prices at the gas stations are soaring due to man made market situation and yet the big oil monopolies are still exporting their oil to the other countries, do you think the US Congress and Senate should establish a new law to prohibit the exporting of.
wat do yall think about the new law?
i am latin and i really don’t think its fair! do you?we all have the same rights! Wear white on May 1st ! > > If HR 4437 is passed: > no school or work on May 1st > tell everyone you know not to attend school and > tell your.
What advice could you give to a new law undergraduate student?
note: non-specific question in this question is intentional 10 pts. for good or detailed answer go to all of your classes. trust me, it sounds like it is simple advice but it really helps. too often freshmen get caught up in the fact that they are now on.
What can I do to change a law or create a new law?
I live in Washington state where the government will pay for childcare while I go to work. I know that in some states they pay the mother to stay home and raise her own kids. To me, that seems preferable. I don’t want someone else ‘raising’.
What do people think about that 3 pet law they’re trying to pass in Florida?
There’s a new law they’re trying to pass in the Naples area (may be more of Florida, as well); that prevents people having more than three pets. Fish tank counts as one, but any other type of pet counts individually. So, you can’t have.
what do yall think about the new law they want to pass about imigration?
It wont really work, but at least they are ‘thinking about immigration’ as an issue and not just as a racisit pun. Immigration reform is needed however its obvious that to loose our foreign workers would be a great lose to this country, lets.
Can a court of appeals restirct the legislature’s ability to pass a law that applies retroavtively?
No, it cannot unless that new law contradicts existing laws concerning a charter of rights and freedoms or an article in the country’s Constitution concerning the rights of individuals in that country. – No the court cannot stop a legislature from passing.
What do you guys thing about the new law to put up a wall around the mexican border.?
recently congress(by sugestion of republicans and backed up by george w) has proposed a law to fence off the border of mexico to help solve the ‘epidemic’ of illegal imigrants. Whats next? Closing the borders to ALL ‘other people’? It’s a.
What do you think about President Vicente Fox’s intent to sign a bill approved by Mexican lawmakers?
Which will allow Mexicans to possess small amounts of cocaine, heroin, and even ectasy for their personal use. Do you think that this new law will cause immigration of vast numbers of American citizens into Mexico, and result in Mexico becoming an.
What do you think of making this a new law ?
I think there should a law saying that anybody who has sex with a minor (under 18 ) goes to jail, no matter what his age/her age is. The present law says that if you are 19, you go jail, but if you are 17, it is ok.
What do you think of South Dakota’s new law banning all abortions even in cases of rape and incest?
It seems like if a 14 year old girl gets raped by her father she should have some options open to her should she get pregnant. Personally I think she should have that right anyway. But as long as they.
What do you think of the new law proposal of spanking children is a crime?
Isn’t that a bit ridiculous? They are trying to make it illegal for parents to spank their children.. what the hell? Children are going to be spoiled annoying little brats..They will intentionally try to make their parents mad so they can spank them and.
What do you think of the new mandatory spay/neuter law in Los Angeles County?
The new law would require all dogs in LA County to be spayed or neutered or the owners would be penalized and cited. Do you think dog owners should be forced to spay/neuter their animals to reduce animal population? I think that this is a.
What has to do with making laws?
- PROCEDURE FOR WHY LAWS ARE MADE When a Representative has an idea for a new law, he/she becomes the sponsor of that bill and introduces it by giving it to the clerk of the House or by placing it in a box, called the hopper. The clerk assigns a legislative.
What is your viewpoint on illegal workers? Is the proposed new law to benefit business or protect workers?
is the law designed or intended to protect the illegal immigrants from being abused and taken advantage of or is it to allow buisnesses to to take advantage of workers? does anyone feel jobs are being taken by illegal workers that.
What you think about new law allowing schools to ban muslim veils?
What do you think about the new law allowing schools to ban muslim veils. Do you think this is a sensible law or will it only make things more difficult and encourage some girls not to attend school? School uniform invented not to make life harder. i.
What’s with this new law??
I saw somewhere that they are trying to pass a law that if a married couple doesn’t have a child in the first 3 years of marriage that the marriage will be anulled. How can they do that? What about these men and women who can’t have kids or the couples who do try.
Whats your views on the patriot act and the fbi’s new law the sneak and peak?
I am doing a persuasive speach on how I feel we are losing our liberties and i would like some feedback on these issues please.Please be serious and before you call me a whiny liberal I am a moderate republican. Myth: The Patriot.
Why do the majority of us have to live by the rules made by a few?
The unspoken law of our land is that we must not offend anyone! What if the new move/new law/etc. that is made, OFFENDS me and/or the MAJORITY? Are we not to be considered? I see this done over and over! Examples: Removing prayer.
Why still so much ‘law worketh wrath’ in diverse places ww if Jesus supposedly full-filled the law?
Many say Jesus full-filled the law. Others say God is no longer angry. So whence cometh wrath of Katrina? Perhaps a ‘new law’ many speak of, this ‘perfect law’ some speak of, such new & perfect imperfection, is even ‘more wicked’, ‘worse’?.
Why was a law set in Florida to not be able to buy porn?
I tried to buy adult films in Okaloosa County in Florida but I was told that a new law has been passed to not be able to do so. Was this pertaining to the whole state or just Okaloosa County? How far would I have.
Would you sign this?
If I made a petition for a new law to go into effect would you sign this. It would state that a driver pulled over with no proof of insurance will have their car towed and can only pick it up if they show proof of insurance as well as the payment. By the 3rd.
More New law questions please visit : LawFreeFAQ.com
By: lawfaq
