Blog : Commercial Lease

A cause of action for “forcible entry and detainer” is not the same as a cause of action for “forcible detainer”.  Many, including lawyers, use the two terms interchangeably, but they are not interchangeable. The former is governed by Texas Property Code Section 24.001 and the latter is governed by Texas Property Code Section 24.002 and they are distinguished based on the illegality or legality of the initial entry. A forcible entry and detainer action is used to remove a person from a property who never had a right to be there. In other words, there was never a landlord-tenant […]

The Texas Property Code expressly provides for a lien in favor of the landlord of a commercial building. (See Chapter 54, Subchapter B, Section 54.021 et seq.) The lien protects a landlord who leases all or part of a building for nonresidential use.  It’s a preference lien on the property of the tenant or subtenant in the building for rent that is due and for rent that is to become due during the current 12-month period succeeding the date at the beginning of the rental agreement or an anniversary of that date.  And the lien attaches to the property of […]

A commercial landlord may remove and store property of a tenant that has abandoned the premises. Section 93.002 of the Texas Property Code addresses this issue. A tenant is presumed to have abandoned the premises if goods, equipment or other property, in an amount substantial enough to indicate a probable intent to abandon the premises, is being or has been removed from the premises and the removal is not within the normal course of the tenant’s business. A landlord may remove and store any property of a tenant that remains on premises that are abandoned. In addition to the landlord’s […]

Commercial real estate leases are far more complex than residential leases. There are many more issues and situations to consider that will have a far-reaching effect on both the landlord and the tenant over the course of the lease. When reviewing a commercial lease, remember that you may be able to take advantage of your bargaining power to negotiate changes and certain terms may not be set in stone.

Commercial real estate transactions do not have to be a straight sale or lease of the property. The lessor and tenant have the freedom to agree to different types of deals, so long as the basic requirements of contract law are met. A lease with an option to buy is a hybrid agreement that is part lease and part sale—if the option is exercised. Here is what lessors and tenants need to know about  commercial property leases with purchase option provisions.