Texas Commercial Landlord-Tenant Laws: Property Owners Guide

Founded on the property rights established by the Texas Constitution of 1845 (effective December 29, 1845), Texas commercial landlord-tenant relationships are governed primarily by the Texas Property Code Chapter 93 (effective January 1, 1984) and the terms of the lease agreement itself. Unlike residential tenancies, commercial leases in Texas offer much greater freedom to negotiate terms — but they also come with fewer statutory protections for tenants and some unique landlord remedies, including the statutory right to lock out tenants for nonpayment.

Key Texas Commercial Lease Laws at a Glance

Security Deposits

Texas imposes no statutory cap on commercial security deposits. The deposit amount is typically negotiated between the landlord and tenant based on factors like the tenant's financial standing, lease term, and property type.

The landlord must return the deposit within 60 days after the tenant surrenders the premises AND provides a written statement of the tenant's forwarding address. The landlord is not obligated to return the deposit or provide an itemized list of deductions until the tenant provides the forwarding address in writing (§93.005, §93.009).

For more detail, see our Commercial Security DepositsPreview unavailable guide.

Eviction and Lockout

Commercial evictions follow a similar process to residential evictions — a written notice to vacate, followed by a forcible detainer suit filed in the Justice Court (Justice of the Peace) of the precinct where the property is located (Property Code §24.004). A landlord must give at least three days' written notice to vacate before filing the suit, unless the parties have contracted for a shorter or longer notice period in a written lease (§24.005).

However, Texas law provides commercial landlords with a unique statutory right to lock out a tenant for nonpayment of rent (§93.002). This right exists regardless of lease language unless the lease explicitly prohibits or modifies it. At the time of the lockout, the landlord must post a written notice on the tenant's front door stating the name and contact information of the individual or company from which the new key may be obtained. The landlord is required to provide the new key ONLY during the tenant's regular business hours and ONLY if the tenant pays the delinquent rent.

For more detail, see our Commercial Eviction ProcessPreview unavailable guide.

Lease Structure

Commercial leases in Texas are highly negotiable and may take several forms:

• Gross Lease — landlord pays all operating expenses
• Net Lease (N) — tenant pays some operating expenses
• Double Net Lease (NN) — tenant pays property taxes and insurance
• Triple Net Lease (NNN) — tenant pays taxes, insurance, and maintenance
• Modified Gross — expenses are shared based on negotiated terms

The lease agreement is the primary governing document, and courts will generally enforce it as written.

For more detail, see our Commercial Lease RequirementsPreview unavailable guide.

Maintenance and Repairs

Unlike residential tenancies, Texas law does not impose a statutory habitability standard on commercial landlords. Maintenance responsibilities are almost entirely determined by the lease agreement.

For more detail, see our Commercial Maintenance ObligationsPreview unavailable guide.

Landlord's Lien

Texas grants commercial landlords a statutory lien on a tenant's property located on the premises (Property Code §54.021). This lien:

• Secures rent that is due and rent that is to become due during the current 12-month period succeeding the start of the lease or its anniversary
• Attaches when the tenant's property is placed on the premises
• Can be enforced through a distress warrant issued by a justice of the peace if the tenant owes rent, is about to abandon the building, or is about to remove property
• Does not apply to exempt property under Texas law

Rent and Late Fees

Commercial rent terms and late fees are governed entirely by the lease agreement. There are:

• No rent control provisions
• No statutory grace period for late payments (unlike residential)
• No statutory limits on late fee amounts

For more detail, see our Commercial Late FeesPreview unavailable and Commercial Rent IncreasesPreview unavailable guides.

Required Disclosures Commercial

landlords have far fewer mandatory disclosures than residential landlords. Properties built before 1978 are exempt from federal lead-based paint disclosure requirements for commercial tenancies.

For more detail, see our Commercial Required DisclosuresPreview unavailable guide.

Getting Started with Commercial Compliance

Managing commercial properties in Texas requires careful attention to lease drafting, security deposit handling, and understanding your rights as a landlord. Landager helps commercial landlords track lease terms, manage deposits, and stay on top of deadlines.

How Landager Helps

Managing Texas commercial properties requires strict adherence to the Texas Property Code Chapter 93, especially regarding the mandatory 60-day security deposit return deadline triggered by surrender and receipt of a written forwarding address (§93.005, §93.009). Unlike residential tenancies, commercial leases are not subject to the statutory late fee caps or grace periods found in Chapter 92, placing higher importance on precise lease drafting and Justice Court procedure. Landager automates these timelines, ensuring your deposit itemizations are delivered on time and your notices to vacate comply with Chapter 24 requirements.

Explore more Texas commercial compliance topics:

• Commercial Security DepositsPreview unavailable
• Commercial Eviction ProcessPreview unavailable
• Commercial Required DisclosuresPreview unavailable
• Commercial Rent IncreasesPreview unavailable
• Commercial Lease RequirementsPreview unavailable
• Commercial Maintenance ObligationsPreview unavailable
• Commercial Late FeesPreview unavailable