| I have found that landlords generally face the | | | | tenant abandons the leased premises in breach of |
| same set of issues and have the same set of | | | | the lease, the landlord has the duty to mitigate |
| questions pertaining to their rights, duties and | | | | (lessen) the damages that the landlord would |
| obligations as landlords under Texas law. The | | | | experience as a result of the abandonment. Thus, |
| answers to these questions depend on whether | | | | the landlord should not let the premises lie vacant |
| residential tenants or commercial tenants are | | | | in hopes of being able to recover lost rents from |
| involved. Although commercial and residential | | | | the tenant. This duty to mitigate damages may |
| property ownership and operation have some | | | | not be waived by the tenant, so any provision in |
| similarities, the differences are numerous and | | | | the lease that tries to waive this duty or exempt |
| diverse enough to justify separate treatment for | | | | the landlord from liability is void.II. Security |
| each area. This article is intended to discuss issues | | | | DepositA security deposit is any advance of |
| related to commercial property with commercial | | | | money, other than a rental application deposit or |
| tenants only. This article is my attempt to create | | | | an advance payment of rent, that is intended |
| a quick and very general reference guide on the | | | | primarily to secure performance under a lease.III. |
| rights, duties and obligations of commercial | | | | Retention of Security DepositBefore returning the |
| landlords and operators under the Texas Property | | | | security deposit, the landlord may deduct from |
| Code. It is by no means complete, but hopefully is | | | | the deposit damages or charges for which the |
| informative enough to assist the reader in asking | | | | tenant is obligated under the lease or resulting |
| informed questions of legal counsel and thus be | | | | from a breach of the lease. However, normal |
| more efficient and economical while consulting legal | | | | wear and tear (does not include deterioration that |
| counsel.You should not take this article as legal | | | | results from negligence, carelessness, accident or |
| advice, and I strongly urge you to seek | | | | abuse) may not be withheld from the security |
| competent legal advice for your specific situation. | | | | deposit.If the landlord retains any portion of the |
| The Texas legislature updates and passes new | | | | security deposit, the landlord must refund the |
| laws relating to landlord/tenant issues on a regular | | | | balance of the security deposit and give the |
| basis. In addition, Texas courts regularly interpret | | | | tenant a written description and itemized list of all |
| these laws. Thus, the laws discussed in this article | | | | deductions. However, this description and itemized |
| are in effect as of December 2005. I have not | | | | list is not required if the tenant owes rent and no |
| assumed any duty or obligation to update this | | | | controversy exists concerning the amount of rent |
| article beyond this date.I. Duty to MitigateIf a | | | | owed. |