Texas Commercial Landlord Required Disclosures: What You Must Know

Rooted in the legal framework established by the 1845 Texas Constitution, commercial property disclosures are primarily governed by Chapter 93 of the Texas Property Code (effective September 1, 1989). Texas commercial landlords face far fewer mandatory disclosure requirements than their residential counterparts. Most commercial lease obligations are driven by the lease agreement itself rather than statutory mandates. However, several important federal and state requirements still apply.

Commercial vs. Residential Disclosures

Environmental Disclosures

While Texas does not impose commercial-specific environmental disclosure requirements, federal law creates obligations that apply to commercial properties:

Hazardous Materials

Under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) and state environmental regulations:

• Landlords should disclose any known environmental contamination on or near the property
• Failure to disclose known contamination can result in joint and several liability for cleanup costs
• Phase I Environmental Site Assessments are recommended for commercial transactions

Asbestos

For commercial buildings constructed before the mid-1980s:

• Landlords should disclose the presence or potential presence of asbestos-containing materials
• EPA regulations under AHERA and NESHAP impose management and notification requirements for asbestos in commercial buildings
• Demolition or renovation activities require proper asbestos inspection and notification

Lead-Based Paint

The federal lead-based paint disclosure rule (42 U.S.C. §4852d) applies only to residential properties. Commercial leases are generally exempt from this requirement.

ADA Compliance

The Americans with Disabilities Act requires that commercial properties accessible to the public meet accessibility standards:

• Landlords and tenants should clearly define ADA compliance responsibilities in the lease
• Failure to meet ADA standards can result in lawsuits, fines, and mandatory alterations
• Common issues include parking accessibility, entrance access, restroom accessibility, and signage

Lease Considerations

• Specify whether the landlord or tenant is responsible for ADA compliance
• Address who bears the cost of modifications
• Include provisions for future regulatory changes
• Landlord's Office Address — Under § 93.013, if a landlord has a primary business office in Texas, they must provide the office address in the lease or via another written method.

Property Condition Disclosures

While many disclosures are not statutorily mandated for commercial leases, landlords must comply with specific requirements under Chapter 93 and should consider disclosing:

Known Defects

• Structural issues — foundation problems, roof conditions, load-bearing concerns
• Mechanical systems — HVAC age and condition, plumbing, electrical capacity
• Building code violations — any known outstanding violations
• Past damage — flood, fire, or storm damage history

Zoning and Use

• The property's zoning classification and any restrictions on use
• Any pending zoning changes or development plans in the area
• Certificate of occupancy status and any conditions
• Permitted uses vs. actual current use

Tax Obligations

Under Texas Property Code § 93.012, a landlord may not assess any charge (excluding rent or physical damage) unless the amount of the charge or the method by which it is computed is stated in the lease. For NNN (triple net) leases, landlords must clearly disclose:

• CAM (Common Area Maintenance) charges and escalation provisions
• Current property tax assessments and recent tax history
• Any pending tax protests or appeals
• Insurance requirements and cost-sharing arrangements

Texas Deceptive Trade Practices Act

The Texas Deceptive Trade Practices Act (DTPA) may apply to commercial lease transactions:

• Landlords should avoid misrepresentation of property conditions, capabilities, or characteristics
• Failure to disclose known material defects could constitute a DTPA violation
• Penalties include actual damages, treble damages for knowing violations, and attorney's fees

Best Practices for Commercial Landlords

1. Conduct pre-lease inspections — document property condition with photos and reports
2. Provide a comprehensive lease — include all known property conditions and limitations
3. Address environmental concerns — obtain Phase I assessments and disclose findings
4. Define ADA responsibilities — clearly assign compliance and cost duties in the lease
5. Disclose tax and operating costs — especially for NNN leases
6. Consult legal counsel — have an attorney review disclosures and lease terms
7. Maintain documentation — keep records of all disclosures and tenant acknowledgments

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How Landager Helps

Managing Texas commercial properties requires strict adherence to Chapter 93 of the Texas Property Code, especially regarding the 60-day security deposit return deadline and the specific lockout notification requirements. Landager automates these timelines, ensuring your deposit itemizations are delivered within the statutory window and your lease-based late fee structures are accurately applied. From tracking environmental assessment dates to generating compliant lockout notices, Landager helps you maintain 100% compliance across your Texas commercial portfolio.