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