I’ve discovered that landlords typically face the identical set of points and have the identical set of questions pertaining to their rights, duties and obligations as landlords below Texas legislation. The solutions to those questions rely on whether or not residential tenants or business tenants are concerned. Though business and residential property possession and operation have some similarities, the variations are quite a few and various sufficient to justify separate therapy for every space. This text is meant to debate points associated to business property with business tenants solely. This text is my try to create a fast and really common reference information on the rights, duties and obligations of business landlords and operators below the Texas Property Code. It’s in no way full, however hopefully is informative sufficient to help the reader in asking knowledgeable questions of authorized counsel and thus be extra environment friendly and economical whereas consulting authorized counsel.You shouldn’t take this text as authorized recommendation, and I strongly urge you to hunt competent authorized recommendation in your particular state of affairs. The Texas legislature updates and passes new legal guidelines referring to landlord/tenant points regularly. As well as, Texas courts recurrently interpret these legal guidelines. Thus, the legal guidelines mentioned on this article are in impact as of December 2005. I’ve not assumed any obligation or obligation to replace this text past this date.I. Obligation to MitigateIf a tenant abandons the leased premises in breach of the lease, the owner has the obligation to mitigate (reduce) the damages that the owner would expertise on account of the abandonment. Thus, the owner shouldn’t let the premises lie vacant in hopes of having the ability to recuperate misplaced rents from the tenant. This obligation to mitigate damages will not be waived by the tenant, so any provision within the lease that tries to waive this obligation or exempt the owner from legal responsibility is void.II. Safety DepositA safety deposit is any advance of cash, aside from a rental software deposit or an advance fee of hire, that’s supposed primarily to safe efficiency below a lease.III. Retention of Safety DepositBefore returning the safety deposit, the owner might deduct from the deposit damages or costs for which the tenant is obligated below the lease or ensuing from a breach of the lease. Nevertheless, regular put on and tear (doesn’t embody deterioration that outcomes from negligence, carelessness, accident or abuse) will not be withheld from the safety deposit.
If the owner retains any portion of the safety deposit, the owner should refund the steadiness of the safety deposit and provides the tenant a written description and itemized listing of all deductions. Nevertheless, this description and itemized listing just isn’t required if the tenant owes hire and no controversy exists in regards to the quantity of hire owed. The refund and written description and itemized listing of all deductions just isn’t required till the tenant offers the owner a written assertion of the tenant’s forwarding handle for the aim of refunding the safety deposit. Nevertheless, failure to offer a forwarding handle doesn’t trigger the tenant to forfeit its proper to obtain a refund or an outline of deductions.IV. Refund of Safety DepositA landlord should refund the safety deposit not later than the 60th day after the date the tenant surrenders the premises and offers discover of the tenant’s forwarding handle.V. Change of Landlord/Proprietor and the Safety DepositThe new proprietor or landlord of the leased premises is accountable for the return of the safety deposit ranging from the date title to the leased premises is acquired, besides the place the brand new proprietor acquired the premises by foreclosures by way of an actual property mortgage. Nevertheless, the previous landlord or proprietor stays accountable for the safety deposit obtained whereas the individual was the proprietor or landlord till the brand new proprietor delivers to the tenant a signed assertion acknowledging that the brand new proprietor has obtained and is answerable for the tenant’s safety deposit and specifying the precise greenback quantity of the deposit.VI. Legal responsibility of Landlord for Safety DepositA landlord who in unhealthy religion retains a safety deposit is accountable for an quantity equal to the sum of $100, 3 times the portion of the safety deposit wrongfully withheld, and the tenant’s affordable attorneys charges incurred in a go well with to recuperate the deposit. It’s presumed landlord who fails to return a safety deposit or to offer a written description and itemized listing of deductions on or earlier than the 60th day after the date the tenant surrenders possession is appearing in unhealthy religion.VII. Stopping Entry to Leased PremisesA landlord might not deliberately forestall a tenant from coming into the leased premises besides with permission of the courtroom except such prevention outcomes from (i) bona fide repairs, building or an emergency, (ii) eradicating the contents of the leased premises deserted by a tenant or (iii) altering the door locks of a tenant who’s delinquent in paying at the very least part of the hire. The lease might alter this provision.VIII. Altering Lock As a consequence of Delinquent PaymentsIf a landlord modifications the door lock attributable to delinquent hire funds, the owner should place a written discover on the tenant’s entrance door stating the title and handle or phone variety of the person or firm from which the brand new key could also be obtained. The brand new key’s solely required to be supplied in the course of the tenant’s common enterprise hours and provided that the tenant pays the delinquent hire. The lease might alter this provision.IX. Landlord’s Elimination of Property After Abandonment by the TenantA landlord might take away and retailer any property of a tenant that is still after the premises has been deserted. The owner may additionally eliminate the saved property if the tenant doesn’t declare the property inside 60 days after the date the property is saved. The owner should ship by licensed mail to the tenant on the tenant’s final identified handle a discover stating that the owner might eliminate the tenant’s property if the tenant doesn’t declare the property inside 60 days after the date the property is saved. A lease might alter this provision.X. Abandonment by the TenantA tenant is presumed to have deserted the premises if items, gear or different property, in a considerable sufficient quantity to point a possible intent to desert the premises, is being or has been faraway from the premises and the elimination just isn’t throughout the regular course of the tenant’s enterprise. The lease might alter this provision.XI. Interruption of UtilitiesIf the tenant pays for utility companies on to the utilities corporations, the owner might not interrupt or trigger the interruption of such companies except the interruption outcomes from bona fide repairs, building or an emergency. A lease might alter this provision.XII. Elimination of Doorways, Home windows, Locks, Hinges, And so forth.
A landlord might not take away a door, window, attic hatchway, lock, hinge, hinge pin, doorknob or different mechanism linked to a door, window or attic hatchway cowl from the leased premises. Moreover, a landlord might not take away furnishings, fixtures or home equipment furnished by the owner from the leased premises. Nevertheless, the owner might take away this stuff for a bona fide restore or alternative, which have to be promptly carried out. A lease might alter this provision.XIII. Landlord Might Terminate Lease As a consequence of Public Indecency Conviction of TenantA landlord might terminate a lease signed or renewed after June 15, 1981 if the tenant or occupant makes use of the property for an exercise for which the tenant, occupant or any of their agent or worker is convicted of public indecency (prostitution, promotion of prostitution, show or distribution of obscene supplies, sexual acts with individuals below the age of 18, and many others.) and such individual has exhausted or deserted all avenues of direct attraction from the conviction. Discover of termination have to be by written discover inside six months after the best to terminate arises. The owner obtains the best to own the property on the 10th day after the date of discover is given.XIV. Discover Requirement Previous to EvictionThe landlord should give a tenant who defaults or holds over past the tip of the time period at the very least three day’s written discover to vacate the premises earlier than the owner information a forcible detainer go well with, except the events contracted for a shorter or longer time frame in a written lease or settlement.The discover to vacate have to be given in individual or by mail on the premises in query. If discover is delivered in individual, it might be by private supply to the tenant or any individual residing on the premises who’s 16 years of age or older or private supply to the premises and affixing the discover to the within of the principle entry door. Discover by mail could also be by common mail, by registered mail or by licensed mail, return receipt requested, to the premises in query. The discover interval begins from the day on which the discover is delivered.Copyright 2005, Tri Nguyen