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Texas Commercial Lease Agreement

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Texas Legal Requirements

Key TX statutes and obligations that apply to your commercial lease agreement.

Requirements

  • No statewide rent control for commercial properties
  • Texas Property Code governs commercial lease terms
  • Landlord's lien for rent: statutory lien attaches to tenant's property on premises
  • Personal guarantee commonly required for new businesses
  • Tenant improvements: specify who owns TI at lease end

Restrictions & Limits

  • Landlord's statutory lien gives landlord leverage over tenant's equipment and inventory
  • Oil and gas operations in commercial leases require additional state compliance
  • Texas does not restrict CAM charges or audit rights by statute

Official Statute References

Primary Texas statutes governing this document type.

Texas Commercial Lease Agreement FAQ

Common questions about commercial lease agreements under Texas law.

What is the Texas landlord's lien for commercial leases?

Under Texas Property Code § 91.004, a landlord has a lien on a tenant's nonexempt property on the leased premises to secure unpaid rent. This gives Texas commercial landlords significant leverage in rent disputes.

Is there rent control for commercial properties in Texas?

No. Texas has no rent control laws for commercial properties. Rent amounts, escalation schedules, and renewal terms are purely contractual.

How is the Texas landlord's distraint remedy used?

Texas abolished the common-law right of distraint (self-help rent collection by seizing tenant property). Landlords must go through court for eviction — you cannot lock out a tenant or remove their property without a court order.

What should a Texas commercial lease include about personal guarantees?

Specify whether the guarantee is absolute or limited (e.g., first 24 months of rent), whether it survives business sale, and what triggers the guarantee. A 'good-guy clause' can limit liability when a tenant vacates early.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.