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Texas Real Property Law for Commercial Landlords

I have found that landlords generally facetenant abandons the leased premises in breach
the same set of issues and have the same setof the lease, the landlord has the duty to
of questions pertaining to their rights,mitigate (lessen) the damages that the
duties and obligations as landlords underlandlord would experience as a result of the
Texas law. The answers to these questionsabandonment. Thus, the landlord should not
depend on whether residential tenants orlet the premises lie vacant in hopes of being
commercial tenants are involved. Althoughable to recover lost rents from the tenant.
commercial and residential property ownershipThis duty to mitigate damages may not be
and operation have some similarities, thewaived by the tenant, so any provision in the
differences are numerous and diverse enoughlease that tries to waive this duty or exempt
to justify separate treatment for each area.the landlord from liability is void.II.
This article is intended to discuss issuesSecurity DepositA security deposit is any
related to commercial property withadvance of money, other than a rental
commercial tenants only. This article is myapplication deposit or an advance payment of
attempt to create a quick and very generalrent, that is intended primarily to secure
reference guide on the rights, duties andperformance under a lease.III. Retention of
obligations of commercial landlords andSecurity DepositBefore returning the security
operators under the Texas Property Code. Itdeposit, the landlord may deduct from the
is by no means complete, but hopefully isdeposit damages or charges for which the
informative enough to assist the reader intenant is obligated under the lease or
asking informed questions of legal counselresulting from a breach of the lease.
and thus be more efficient and economicalHowever, normal wear and tear (does not
while consulting legal counsel.You should notinclude deterioration that results from
take this article as legal advice, and Inegligence, carelessness, accident or abuse)
strongly urge you to seek competent legalmay not be withheld from the security
advice for your specific situation. The Texasdeposit.If the landlord retains any portion
legislature updates and passes new lawsof the security deposit, the landlord must
relating to landlord/tenant issues on arefund the balance of the security deposit
regular basis. In addition, Texas courtsand give the tenant a written description and
regularly interpret these laws. Thus, theitemized list of all deductions. However,
laws discussed in this article are in effectthis description and itemized list is not
as of December 2005. I have not assumed anyrequired if the tenant owes rent and no
duty or obligation to update this articlecontroversy exists concerning the amount of
beyond this date.I. Duty to MitigateIf arent owed.



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