a law degrees
I have found that landlords in general with the same questions and have the same questions in relation to the rights, duties and obligations as landlords under Texas law. The answers to these questions depends on whether residential or commercial tenants tenants are involved. Although commercial and private ownership and operation have some similarities, the differences are numerous and varied enough to separate treatment for each area. This article is for discussion of issues related to commercial real estate with commercial tenants only. This article is my attempt to create a quick and very general directive on the rights, duties and obligations of landlords and operators under the Texas property. It is not complete, but hopefully is informative enough to put the reader in the question about the legal issues and therefore efficient and economic advice and legal assistance.

You should not this article as legal advice, and I urge you to competent legal advice for your specific situation. The Texas legislature updates and new laws relating to landlord / tenant issues at regular intervals. In addition, Texas courts regularly interpret these laws. So are the laws in this article are in fact in December 2005. I have not assumed any duty or obligation to update this article beyond this date.

I. Duty to mitigate

If a tenant leaves the leased premises in violation of the lease, the landlord has a duty to mitigate (reduce) the damage that the landlord as a result of the experience of the task. So the landlord does not rent the premises are free in the hopes of being able to recover lost rent from the tenants. This duty to mitigate damages not be waived by the tenant, so that a provision in the lease, which is trying to liberate from this requirement or the landlord from liability is void.

II deposit

A deposit is an advance payment of money, with the exception of the rental application deposit or an advance payment of rent, which is primarily concerned with performance under a lease.

III. Retention of deposit

Before returning the deposit, the landlord may deduct from the deposit damages or costs for which the tenant is obliged to under the lease or arising from a breach of the lease. However, normal wear (no deterioration, resulting from carelessness, negligence, accident or abuse) should not be withheld from the deposit.

If the landlord retains a share of the deposit, the landlord must refund the balance of the deposit and the tenant a written description and detailed list of all deductions. However, this description and detailed list is not required if the tenant owes rent and there is no controversy concerning the amount of rent owed. The refund and a written and detailed list of all deductions is not required until the tenant the landlord a written statement of the tenant forwarding address for the purpose of refund of the deposit. However, not a forwarding address will not cause the tenant to forfeit its right to a refund or a description of deductions.

IV refund of deposit

A landlord must refund the deposit no later than 60 Day after the date the tenant surrenders the premises and the tenant notice forwarding address.

V. Amendment of the landlords / owners and the security deposit

The new owner or lessor of the leased premises is responsible for the return of the deposit from the date the ownership of the leased premises acquired, unless the new owner of the premises by foreclosure through a real-estate mortgages. However, the former landlord or owner remains responsible for the security deposit received while the person who is the owner or landlord, until the new owner gives the tenant a signed confirmation that the new owner has received and is responsible for the tenant's security deposit and specifying exact dollar amount of the deposit.

VI. The responsibility of the landlord for the 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 bail wrongly denied, and the tenant the reasonable attorneys' fees in fees in a suit to the deposit. It is presumed that a landlord who does not return a deposit or a written and detailed list of deductions on or before the 60th Day after the date on which the tenant to surrender possession is acting in bad faith.

VII preventing access to leased premises

A landlord may not intentionally prevent a tenant in the leased premises except with the permission of the court, unless such prevention results from (i) bona fide repairs, construction or emergency, (ii) the contents of the rented premises abandoned by a tenant, or (iii) the modification of the door locks of the tenant, when the payment is delinquent, or at least a portion of the rent. The lease may alter this provision.

VIII Changing Lock Due to Delinquent payments

If a landlord changes the door lock by delinquent rent, the landlord must provide a written communication about the tenants at the door in the name and address or telephone number of the person or company from which the new key can be obtained. The new key is only required by the tenants during normal business hours and only if the tenant pays the delinquent rent. The lease may alter this provision.

IX. Landlord removing property after the tenant

A Landlord May Remove and store the property of the tenant, after the premises has been abandoned. The landlord can also be saved, if the tenant does not claim the property within 60 days after the date on which the property is stored. The landlord must be by certified mail to the tenant at the tenant's last known address a notice that the landlord May on the tenant if the tenant does not claim the property within 60 days after the date on which the property is stored. A lease may alter this provision.

X. Task by the tenant

A tenant is presumed to have abandoned the premises if goods, equipment or other property, in a substantial enough amount to a probable intent to abandon the premises, is or has been removed from the premises and the removal is not made within the normal of the tenant business. The lease may alter this provision.

XI. Interruption of Utilities

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

XII. Remove the doors, windows, locks, hinges, etc.

A landlord may not remove a door, window, attic hatch, lock, hinge, hinge pin, doorknob or other mechanism to a door, window or attic hatch cover from the rented premises. Additionally, a landlord may not remove furniture, furnishings and equipment to the lessor of the leased premises. However, the landlord remove this May for a bona fide repair or replacement, which must be implemented immediately. A lease may alter this provision.

XIII. Because landlords can rent the tenant public indecency conviction

A landlord may be a lease signed or renewed after the 15th June 1981, when the tenant or occupier uses the property for an activity for which the tenant, occupier or their agent or employee is convicted of public indecency (prostitution, promoting prostitution, display or distribution of obscene materials, sexual acts with persons under the age of 18, etc.) and this person is abandoned or exhausted all possibilities of a direct appeal from the conviction. The notice must be by written notice within six months after the right, arises. The lessor receives the right to rule on the 10 Day after the date of termination.

XIV notice requirement before eviction

The landlord, a tenant's negligence, or more than the end of the duration of at least three days written notice to clear the premises before the landlord files a forcible detainer suit seeds, unless the parties intended for a shorter or longer time a written lease or agreement.

The notice to vacate must be in person or via e-mail at the premises in question. If notice is in person, it may be by personal delivery to the tenant or a person residing in the premises, which 16 years or older, or personal delivery to the premises and affixing the notice on the inside of the door. Notice via e-mail can be sent by standard post, by registered or certified mail, return receipt requested, to the premises in question. The period begins on the date on which the notice is published.

Copyright 2005, Tri Nguyen

Tri Nguyen practices primarily business, corporate and real estate law in Houston, Texas. He can be contacted by telephone at 713.513.4808 or via e-mail to tri@trilawoffice.com.

Not by the Texas board of legal specialization.