Lease Agreements: The Foundation of Success

In Texas, commercial leases are primarily governed by the terms negotiated between landlords and tenants, with the Texas Property Code stepping in where the lease is silent. It’s crucial to draft comprehensive leases that clearly outline responsibilities, especially concerning maintenance, repairs, and common area expenses. For instance, in triple-net (NNN) leases, tenants typically handle property taxes, insurance, and maintenance costs.

Security Deposits: Adhering to Legal Obligations

Under Texas Property Code §93.005, landlords are required to return a commercial tenant’s security deposit within 60 days after the tenant vacates and provides a forwarding address. Deductions can be made for damages beyond normal wear and tear, but landlords must provide an itemized list of such deductions.

Maintenance and Repairs: Ensuring Property Integrity

While commercial leases often place maintenance responsibilities on tenants, landlords are generally expected to maintain the property’s structural integrity. Neglecting this duty can lead to legal complications and diminished property value.

 

Mastering Residential Property Management in Texas

Habitability: Meeting the Implied Warranty

Texas law requires residential landlords to provide habitable living conditions, including functioning utilities and safety features such as smoke detectors. Failure to address necessary repairs can lead to tenant remedies, including lease termination or legal action.

Security Deposits: Timely Returns and Transparency

For residential properties, landlords must return security deposits within 30 days of tenant move-out, accompanied by an itemized list of any deductions. Deductions are permissible for damages beyond normal wear and tear but not for routine maintenance.

Eviction Procedures: Following Due Process

Recent legislative changes in Texas have modified eviction protocols, emphasizing the importance of adhering to legal procedures. Landlords must provide proper notice and cannot engage in self-help evictions, such as changing locks, without a court order.