TX

Texas Commercial Lease Laws

By Angel Campa, Founder · Updated March 2026

Texas maintains one of the most landlord-friendly commercial leasing environments in the United States. Commercial real estate operates on the foundational presumption that business entities are sophisticated actors capable of negotiating their own risk and liabilities. Statutory intervention is intentionally minimal, mostly contained within Chapter 93 of the Texas Property Code, which applies exclusively to commercial tenancies.

Texas is highly unique in permitting commercial landlords to use self-help eviction methods. Specifically, commercial landlords possess the statutory right to change the locks of a commercial tenant who is delinquent in paying rent, bypassing the courts entirely (subject to specific notice posting requirements). This regulatory climate results in minimal consumer-style protections for commercial tenants, making the abstraction and negotiation of exact lease terms paramount for tenant survival in the state.

Key Facts

Regulatory Stance
Landlord-Friendly
Self-Help Evictions
Legal if tenant is delinquent in rent (with notice requirements)
Commercial Rent Tax
No state or local commercial rent tax
Statutory Audit Rights
None. Governed entirely by the lease contract.
Duty to Mitigate
Non-waivable. Landlords must make good faith effort to re-let.

Key Statutes

Texas Property Code Chapter 93

The primary statute governing commercial tenancies, covering landlord obligations, tenant remedies, and the highly unique statutory right to commercial lockouts for delinquent tenants.

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Texas Property Code Section 91.001

Establishes default notice periods for terminating tenancies in scenarios where the commercial lease is silent.

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Notice Periods

TypePeriodDetails
Rent Default (Eviction)3 daysUnless the commercial lease explicitly alters the timeline, a landlord must serve a 3-day written Notice to Vacate before filing a forcible detainer suit in justice court.
Month-to-Month Termination1 monthRequires one month's notice, terminating on the later of the specified day or one month after notice is formally given.
Year-to-Year Lease Termination6 monthsFor a year-to-year commercial tenancy in Texas, common law and court precedent require approximately 6 months' notice to terminate at the end of the lease year, unless the lease specifies otherwise.

CAM & Operating Expense Audit Rights

Governed entirely by the negotiated lease terms; there are no statutory commercial audit rights.

Texas law respects the sanctity of the commercial contract. If a commercial tenant wishes to audit CAM charges, property taxes, or operating expenses, the right, procedural methodology, look-back period, and financial remedies must be explicitly codified within the lease agreement. While Texas common law may support limited discovery rights during active litigation, there is no statutory mandate compelling landlords to open their accounting books to tenants.

Frequently Asked Questions

Can a Texas landlord legally change the locks on a commercial tenant?
Yes. Under Texas Property Code Chapter 93, a commercial landlord may change the locks on a tenant who is delinquent in paying rent. The landlord must post a notice on the front door with an emergency contact to retrieve a new key during normal business hours.
What is the security deposit deadline in Texas?
Commercial landlords must return the security deposit, or provide a detailed, itemized list of deductions, within 60 days after the tenant surrenders possession and provides a forwarding address.
Is the duty to mitigate damages waivable in a Texas lease?
No. Texas law firmly requires landlords to make an objective, good faith effort to find a replacement tenant if a commercial tenant abandons the lease early. This specific duty cannot be waived in the lease contract.
What notice is required for a commercial eviction lawsuit in TX?
Unless the commercial lease explicitly alters the timeline, a landlord must serve a 3-day written Notice to Vacate before filing a forcible detainer suit in justice court.

Key Fields for Texas Leases

Common Red Flags

Disclaimer: This page provides general information about commercial landlord-tenant law in Texas. It is not legal advice. Laws change frequently and local ordinances may impose additional requirements. Consult a licensed attorney in Texas for guidance specific to your situation.

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