A commercial lease dispute is a disagreement between a landlord and a business tenant over rent, repairs, use of the space, or when and how the lease ends. In Texas, these disputes turn mostly on the lease itself. The statutes that set repair duties and other protections for residential tenants don't apply to commercial space, so the written terms carry more weight.
We represent landlords, tenants and the guarantors behind many leases. Many lease disputes are resolved before trial, often through a payment plan or an agreed exit.
Collecting rent, enforcing lease remedies and recovering possession.
Answering default notices, challenging lockouts and enforcing landlord obligations.
Enforcing or defending the personal guaranty that often backs a lease.
Terminations, assignments and subleases on agreed terms.
Unpaid rent, disputed pass-through charges and late fees.
Who must fix the roof, HVAC system, parking lot or structure.
Permitted-use limits and competing tenants under an exclusive-use clause.
Texas law bars subletting without the landlord's consent, and most leases also require consent to assign, including in a sale of the business.
A tenant that stays after the lease ends can be evicted, and many leases charge a premium holdover rent.
Texas law lets a commercial landlord change the locks on a tenant that is behind on rent if it follows the notice and key rules, and a tenant locked out improperly can seek a writ of reentry from the justice court. A separate statute gives a commercial building landlord a lien on the tenant's property in the building for rent, which the landlord can enforce through a distress warrant from the justice court.
To recover the space, a landlord gives the written notice to vacate that the lease or Texas law requires, then files an eviction suit in the justice court for the precinct where the property sits. Eviction cases are set for trial quickly, and the time to appeal a judgment is short.
When a tenant abandons the space in violation of the lease, Texas law requires the landlord to mitigate its damages. A negotiated exit often costs less than a suit over the remaining rent. Our breach of contract and promissory note and guaranty disputes pages cover related claims.
We review the lease, amendments, guaranty and notices.
Many remedies depend on a written default notice and a chance to cure.
Lockouts, abandonment and access disputes come first.
When talks fail, we bring or defend an eviction or a suit for damages.
Have a question that isn't answered here? Call us at (817) 631-8842 or send a message.
Ask a QuestionYes, if the tenant is behind on rent, unless the lease says otherwise. The landlord must post a front-door notice saying where to get the new key and provide it during the tenant's regular business hours once the delinquent rent is paid. An improper lockout can cost the landlord actual damages, an added amount set by statute and attorney's fees.
Texas requires a landlord to mitigate its damages when a tenant abandons the premises in violation of the lease, and a lease clause waiving that duty is void. A landlord that makes no reasonable effort to re-lease may not recover everything it claims.
Texas law gives the landlord a set period after the tenant surrenders the premises to refund it, though the refund isn't due until the tenant gives a written forwarding address. Deductions generally must be itemized, and normal wear and tear can't be deducted. A landlord that keeps a deposit in bad faith can owe a statutory penalty, damages greater than the amount withheld and attorney's fees.
Often. A landlord may accept a termination payment or approve an assignment or sublease to a new tenant. The agreement should release both sides and address the deposit, the guaranty and property left behind.
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