| I have found that landlords generally
| |
| | written description and itemized list of
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| face the same set of issues and have the
| |
| | deductions on or before the 60th day
|
| same set of questions pertaining to their
| |
| | after the date the tenant surrenders
|
| rights, duties and obligations as
| |
| | possession is acting in bad faith.
|
| landlords under Texas law. The answers to
| |
| | VII. Preventing Access to Leased Premises
|
| these questions depend on whether
| |
| | A landlord may not intentionally prevent
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| residential tenants or commercial tenants
| |
| | a tenant from entering the leased
|
| are involved. Although commercial and
| |
| | premises except with permission of the
|
| residential property ownership and
| |
| | court unless such prevention results from
|
| operation have some similarities, the
| |
| | (i) bona fide repairs, construction or an
|
| differences are numerous and diverse
| |
| | emergency, (ii) removing the contents of
|
| enough to justify separate treatment for
| |
| | the leased premises abandoned by a tenant
|
| each area. This article is intended to
| |
| | or (iii) changing the door locks of a
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| discuss issues related to commercial
| |
| | tenant who is delinquent in paying at
|
| property with commercial tenants only.
| |
| | least a part of the rent. The lease may
|
| This article is my attempt to create a
| |
| | alter this provision.
|
| quick and very general reference guide on
| |
| | VIII. Changing Lock Due to Delinquent
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| the rights, duties and obligations of
| |
| | Payments
|
| commercial landlords and operators under
| |
| | If a landlord changes the door lock due
|
| the Texas Property Code. It is by no
| |
| | to delinquent rent payments, the landlord
|
| means complete, but hopefully is
| |
| | must place a written notice on the
|
| informative enough to assist the reader
| |
| | tenant's front door stating the name and
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| in asking informed questions of legal
| |
| | address or telephone number of the
|
| counsel and thus be more efficient and
| |
| | individual or company from which the new
|
| economical while consulting legal
| |
| | key may be obtained. The new key is only
|
| counsel.
| |
| | required to be provided during the
|
| You should not take this article as legal
| |
| | tenant's regular business hours and only
|
| advice, and I strongly urge you to seek
| |
| | if the tenant pays the delinquent rent.
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| competent legal advice for your specific
| |
| | The lease may alter this provision.
|
| situation. The Texas legislature updates
| |
| | IX. Landlord's Removal of Property After
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| and passes new laws relating to landlord
| |
| | Abandonment by the Tenant
|
| tenant issues on a regular basis. In
| |
| | A landlord may remove and store any
|
| addition, Texas courts regularly
| |
| | property of a tenant that remains after
|
| interpret these laws. Thus, the laws
| |
| | the premises has been abandoned. The
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| discussed in this article are in effect
| |
| | landlord may also dispose of the stored
|
| as of December 2005. I have not assumed
| |
| | property if the tenant does not claim the
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| any duty or obligation to update this
| |
| | property within 60 days after the date
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| article beyond this date.
| |
| | the property is stored. The landlord must
|
| I. Duty to Mitigate
| |
| | deliver by certified mail to the tenant
|
| If a tenant abandons the leased premises
| |
| | at the tenant's last known address a
|
| in breach of the lease, the landlord has
| |
| | notice stating that the landlord may
|
| the duty to mitigate (lessen) the damages
| |
| | dispose of the tenant's property if the
|
| that the landlord would experience as a
| |
| | tenant does not claim the property within
|
| result of the abandonment. Thus, the
| |
| | 60 days after the date the property is
|
| landlord should not let the premises lie
| |
| | stored. A lease may alter this provision.
|
| vacant in hopes of being able to recover
| |
| | X. Abandonment by the Tenant
|
| lost rents from the tenant. This duty to
| |
| | A tenant is presumed to have abandoned
|
| mitigate damages may not be waived by the
| |
| | the premises if goods, equipment or other
|
| tenant, so any provision in the lease
| |
| | property, in a substantial enough amount
|
| that tries to waive this duty or exempt
| |
| | to indicate a probable intent to abandon
|
| the landlord from liability is void.
| |
| | the premises, is being or has been
|
| II. Security Deposit
| |
| | removed from the premises and the removal
|
| A security deposit is any advance of
| |
| | is not within the normal course of the
|
| money, other than a rental application
| |
| | tenant's business. The lease may alter
|
| deposit or an advance payment of rent,
| |
| | this provision.
|
| that is intended primarily to secure
| |
| | XI. Interruption of Utilities
|
| performance under a lease.
| |
| | If the tenant pays for utility services
|
| III. Retention of Security Deposit
| |
| | directly to the utilities companies, the
|
| Before returning the security deposit,
| |
| | landlord may not interrupt or cause the
|
| the landlord may deduct from the deposit
| |
| | interruption of such services unless the
|
| damages or charges for which the tenant
| |
| | interruption results from bona fide
|
| is obligated under the lease or resulting
| |
| | repairs, construction or an emergency. A
|
| from a breach of the lease. However,
| |
| | lease may alter this provision.
|
| normal wear and tear (does not include
| |
| | XII. Removal of Doors, Windows, Locks,
|
| deterioration that results from
| |
| | Hinges, Etc.
|
| negligence, carelessness, accident or
| |
| | A landlord may not remove a door, window,
|
| abuse) may not be withheld from the
| |
| | attic hatchway, lock, hinge, hinge pin,
|
| security deposit.
| |
| | doorknob or other mechanism connected to
|
| If the landlord retains any portion of
| |
| | a door, window or attic hatchway cover
|
| the security deposit, the landlord must
| |
| | from the leased premises. Additionally, a
|
| refund the balance of the security
| |
| | landlord may not remove furniture,
|
| deposit and give the tenant a written
| |
| | fixtures or appliances furnished by the
|
| description and itemized list of all
| |
| | landlord from the leased premises.
|
| deductions. However, this description and
| |
| | However, the landlord may remove these
|
| itemized list is not required if the
| |
| | items for a bona fide repair or
|
| tenant owes rent and no controversy
| |
| | replacement, which must be promptly
|
| exists concerning the amount of rent
| |
| | performed. A lease may alter this
|
| owed. The refund and written description
| |
| | provision.
|
| and itemized list of all deductions is
| |
| | XIII. Landlord May Terminate Lease Due to
|
| not required until the tenant gives the
| |
| | Public Indecency Conviction of Tenant
|
| landlord a written statement of the
| |
| | A landlord may terminate a lease signed
|
| tenant's forwarding address for the
| |
| | or renewed after June 15, 1981 if the
|
| purpose of refunding the security
| |
| | tenant or occupant uses the property for
|
| deposit. However, failure to provide a
| |
| | an activity for which the tenant,
|
| forwarding address does not cause the
| |
| | occupant or any of their agent or
|
| tenant to forfeit its right to receive a
| |
| | employee is convicted of public indecency
|
| refund or a description of deductions.
| |
| | (prostitution, promotion of prostitution,
|
| IV. Refund of Security Deposit
| |
| | display or distribution of obscene
|
| A landlord must refund the security
| |
| | materials, sexual acts with persons under
|
| deposit not later than the 60th day after
| |
| | the age of 18, etc.) and such person has
|
| the date the tenant surrenders the
| |
| | exhausted or abandoned all avenues of
|
| premises and provides notice of the
| |
| | direct appeal from the conviction. Notice
|
| tenant's forwarding address.
| |
| | of termination must be by written notice
|
| V. Change of Landlord/Owner and the
| |
| | within six months after the right to
|
| Security Deposit
| |
| | terminate arises. The landlord obtains
|
| The new owner or landlord of the leased
| |
| | the right to possess the property on the
|
| premises is liable for the return of the
| |
| | 10th day after the date of notice is
|
| security deposit starting from the date
| |
| | given.
|
| title to the leased premises is acquired,
| |
| | XIV. Notice Requirement Prior to Eviction
|
| except where the new owner acquired the
| |
| | The landlord must give a tenant who
|
| premises by foreclosure through a real
| |
| | defaults or holds over beyond the end of
|
| estate mortgage. However, the former
| |
| | the term at least three day's written
|
| landlord or owner remains liable for the
| |
| | notice to vacate the premises before the
|
| security deposit received while the
| |
| | landlord files a forcible detainer suit,
|
| person was the owner or landlord until
| |
| | unless the parties contracted for a
|
| the new owner delivers to the tenant a
| |
| | shorter or longer period of time in a
|
| signed statement acknowledging that the
| |
| | written lease or agreement.
|
| new owner has received and is responsible
| |
| | The notice to vacate must be given in
|
| for the tenant's security deposit and
| |
| | person or by mail at the premises in
|
| specifying the exact dollar amount of the
| |
| | question. If notice is delivered in
|
| deposit.
| |
| | person, it may be by personal delivery to
|
| VI. Liability of Landlord for Security
| |
| | the tenant or any person residing at the
|
| Deposit
| |
| | premises who is 16 years of age or older
|
| A landlord who in bad faith retains a
| |
| | or personal delivery to the premises and
|
| security deposit is liable for an amount
| |
| | affixing the notice to the inside of the
|
| equal to the sum of $100, three times the
| |
| | main entry door. Notice by mail may be by
|
| portion of the security deposit
| |
| | regular mail, by registered mail or by
|
| wrongfully withheld, and the tenant's
| |
| | certified mail, return receipt requested,
|
| reasonable attorneys fees incurred in a
| |
| | to the premises in question. The notice
|
| suit to recover the deposit. It is
| |
| | period starts from the day on which the
|
| presumed that a landlord who fails to
| |
| | notice is delivered.
|
| return a security deposit or to provide a
| |
| |
|
