Did You Know… There are Two Types of Evictions?

Tarrant County Courthouse

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 […]

Did You Know… The TX Property Code Provides for a Commercial Landlord’s Lien

Tarrant County Courthouse

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 […]

Did You Know…A Commercial Landlord May Remove and Store Property of a Tenant that has Abandoned the Premises

Tarrant County Courthouse

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 […]

Limiting Landowner Liability

Limiting Landowner Liability

Commercial real estate attorneys often are asked about ways to help them, as landowners, to be pro-active in limiting their liability from unfortunate occurrences on their property that result in injuries to their guests.  For owners of real estate other than agricultural land, a written waiver could be helpful.  For agricultural landowners (and tenants of agricultural land), the Texas Civil Practice & Remedies Code (TCPRC) provides a layer of protection (See Sec. 75.002 et seq.) A written waiver agreement is an agreement by a guest that documents a promise that the guest will not sue the landowner if the guest […]

Mezzanine Financing in Real Estate Investments

Mezzanine Financing in Real Estate

Commercial real estate projects or investments often require the buyer or developer to have a large amount of funding in place at the beginning of the project. It is not always possible to secure large sums of money, either through borrowing or issuing equity. Borrowers may be able to get conventional financing to meet part, but not all, of their needs. In those cases, borrowers may consider mezzanine loans to meet their needs.