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Texas Real Property Law for Commercial Landlords

I have found that landlords generallyMitigateIf a tenant abandons the leased
face the same set of issues and have thepremises in breach of the lease, the
same set of questions pertaining tolandlord has the duty to mitigate
their rights, duties and obligations as(lessen) the damages that the landlord
landlords under Texas law. The answerswould experience as a result of the
to these questions depend on whetherabandonment. Thus, the landlord should
residential tenants or commercialnot let the premises lie vacant in hopes
tenants are involved. Althoughof being able to recover lost rents from
commercial and residential propertythe tenant. This duty to mitigate
ownership and operation have somedamages may not be waived by the tenant,
similarities, the differences areso any provision in the lease that tries
numerous and diverse enough to justifyto waive this duty or exempt the
separate treatment for each area. Thislandlord from liability is void.II.
article is intended to discuss issuesSecurity DepositA security deposit is
related to commercial property withany advance of money, other than a
commercial tenants only. This article isrental application deposit or an advance
my attempt to create a quick and verypayment of rent, that is intended
general reference guide on the rights,primarily to secure performance under a
duties and obligations of commerciallease.III. Retention of Security
landlords and operators under the TexasDepositBefore returning the security
Property Code. It is by no meansdeposit, the landlord may deduct from
complete, but hopefully is informativethe deposit damages or charges for which
enough to assist the reader in askingthe tenant is obligated under the lease
informed questions of legal counsel andor resulting from a breach of the lease.
thus be more efficient and economicalHowever, normal wear and tear (does not
while consulting legal counsel.Youinclude deterioration that results from
should not take this article as legalnegligence, carelessness, accident or
advice, and I strongly urge you to seekabuse) may not be withheld from the
competent legal advice for your specificsecurity deposit.If the landlord retains
situation. The Texas legislature updatesany portion of the security deposit, the
and passes new laws relating to landlordlandlord must refund the balance of the
tenant issues on a regular basis. Insecurity deposit and give the tenant a
addition, Texas courts regularlywritten description and itemized list of
interpret these laws. Thus, the lawsall deductions. However, this
discussed in this article are in effectdescription and itemized list is not
as of December 2005. I have not assumedrequired if the tenant owes rent and no
any duty or obligation to update thiscontroversy exists concerning the amount
article beyond this date.I. Duty toof rent owed.



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