Texas Commercial Lease Review
Texas gives commercial landlords two remedies that surprise tenants from other states. Chapter 93 of the Property Code lets a landlord change the locks on a business that is behind on rent without going to court, and Chapter 54 gives the landlord a lien on property you keep in the building. On the other side, the landlord must mitigate if you leave early, and a lease cannot waive that duty. A Texas review should read the default section with all three in mind.
Can a Texas landlord lock me out of my business?
Yes, if you are delinquent in paying at least part of the rent. Property Code 93.002 allows the lock change without judicial process, but the landlord must post a notice on your front door naming where the new key can be obtained, and must hand over the key during your regular business hours once you pay the delinquent rent. A wrongful lockout lets you recover possession or end the lease, plus actual damages or the greater of one month’s rent or $500, with fees and costs. Note that the statute says a lease overrides it where they conflict, so the lease wording matters.
What can the landlord claim against my equipment and deposit?
Property Code 54.021 gives a landlord of a nonresidential building a preference lien on your property in the building for rent that is due and rent that will become due during the current 12-month lease year. If you finance equipment, check how this lien and any lien the lease adds interact with your lender’s security interest.
For deposits, Property Code 93.005 requires a refund within 60 days after you surrender the premises, but the clock starts only once you have surrendered the space and given the landlord your forwarding address under section 93.009. Put that in your exit checklist, and photograph the space on the day you hand back the keys so any deduction for damage can be tested against a dated record. If the lease lets the landlord apply the deposit to future rent, ask that it be restored only after written notice.
Texas sources checked 2026-10-09: Tex. Prop. Code § 93.002 · Tex. Prop. Code § 54.021 · Tex. Prop. Code § 93.005 · Tex. Prop. Code § 91.006. Laws change; confirm the current rule before relying on it.
What the review checks for Texas
A landlord has a statutory duty to mitigate damages if the tenant abandons the premises in breach, and a lease provision purporting to waive that duty is void. So an acceleration clause cannot be read on its own here: the landlord must still make reasonable efforts to re-let.
Frequently asked questions
Can I negotiate the Texas lockout right out of my lease?
You can try. Because Property Code 93.002 says a lease supersedes the section where they conflict, a clause requiring written notice and a cure period before any lock change, or requiring court process, is a legitimate ask. Landlords often accept a short notice period. Without that change, a single missed payment can leave you outside your own premises until you pay.
Does a Texas landlord have to re-let if I move out early?
Yes. Property Code 91.006 imposes a duty to mitigate when a tenant abandons in breach, and a lease clause waiving that duty is void. Your exposure is the rent the landlord could not reasonably recover by re-letting, plus allowable costs, not automatically every remaining month. Keep records showing the space was marketable.
Signing a commercial lease in Texas?
Upload the lease and any guaranty. Every page is read, rent and escalations are totalled over the term, and each risky clause is explained in plain English with what to ask the landlord for.
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General information, not legal advice, and not reviewed by an attorney. Confirm with a Texas attorney before relying on it.