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