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