CHAPTER 93. COMMERCIAL TENANCIES
PROPERTY CODE
TITLE 8. LANDLORD AND TENANT
CHAPTER 93. COMMERCIAL TENANCIES
Sec. 93.001. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to the relationship between landlords and tenants of
commercial rental property.
(b) For purposes of this chapter, "commercial rental property"
means rental property that is not covered by Chapter 92.
Added by Acts 1989, 71st Leg., ch. 687, Sec. 2, eff. Sept. 1,
1989; Acts 1989, 71st Leg., ch. 689, Sec. 2, eff. Sept. 1, 1989.
Sec. 93.002. INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND
EXCLUSION OF COMMERCIAL TENANT. (a) A landlord or a landlord's
agent may not interrupt or cause the interruption of utility
service paid for directly to the utility company by a tenant
unless the interruption results from bona fide repairs,
construction, or an emergency.
(b) A landlord may not remove a door, window, or attic hatchway
cover or a lock, latch, hinge, hinge pin, doorknob, or other
mechanism connected to a door, window, or attic hatchway cover
from premises leased to a tenant or remove furniture, fixtures,
or appliances furnished by the landlord from premises leased to a
tenant unless the landlord removes the item for a bona fide
repair or replacement. If a landlord removes any of the items
listed in this subsection for a bona fide repair or replacement,
the repair or replacement must be promptly performed.
(c) A landlord may not intentionally prevent a tenant from
entering the leased premises except by judicial process unless
the exclusion results from:
(1) bona fide repairs, construction, or an emergency;
(2) removing the contents of premises abandoned by a tenant; or
(3) changing the door locks of a tenant who is delinquent in
paying at least part of the rent.
(d) A tenant is presumed to have abandoned the premises if
goods, equipment, or other property, in an amount substantial
enough to indicate a probable intent to abandon the premises, is
being or has been removed from the premises and the removal is
not within the normal course of the tenant's business.
(e) A landlord may remove and store any property of a tenant
that remains on premises that are abandoned. In addition to the
landlord's other rights, the landlord may dispose of the stored
property if the tenant does not claim the property within 60 days
after the date the property is stored. The landlord shall deliver
by certified mail to the tenant at the tenant's last known
address a notice stating that the landlord may dispose of the
tenant's property if the tenant does not claim the property
within 60 days after the date the property is stored.
(f) If a landlord or a landlord's agent changes the door lock of
a tenant who is delinquent in paying rent, the landlord or agent
must place a written notice on the tenant's front door stating
the name and the address or telephone number of the individual or
company from which the new key may be obtained. The new key is
required to be provided only during the tenant's regular business
hours and only if the tenant pays the delinquent rent.
(g) If a landlord or a landlord's agent violates this section,
the tenant may:
(1) either recover possession of the premises or terminate the
lease; and
(2) recover from the landlord an amount equal to the sum of the
tenant's actual damages, one month's rent or $500, whichever is
greater, reasonable attorney's fees, and court costs, less any
delinquent rents or other sums for which the tenant is liable to
the landlord.
(h) A lease supersedes this section to the extent of any
conflict.
Added by Acts 1989, 71st Leg., ch. 689, Sec. 2, eff. Sept. 1,
1989. Amended by Acts 1993, 73rd Leg., ch. 44, Sec. 1, eff. Sept.
1, 1993.
Sec. 93.003. COMMERCIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL
LOCKOUT. (a) If a landlord has locked a tenant out of leased
premises in violation of Section 93.002, the tenant may recover
possession of the premises as provided by this section.
(b) The tenant must file with the justice court in the precinct
in which the rental premises are located a sworn complaint for
reentry, specifying the facts of the alleged unlawful lockout by
the landlord or the landlord's agent. The tenant must also state
orally under oath to the justice the facts of the alleged
unlawful lockout.
(c) If the tenant has complied with Subsection (b) and if the
justice reasonably believes an unlawful lockout has likely
occurred, the justice may issue, ex parte, a writ of reentry that
entitles the tenant to immediate and temporary possession of the
premises, pending a final hearing on the tenant's sworn complaint
for reentry.
(d) The writ of reentry must be served on either the landlord or
the landlord's management company, on-premises manager, or rent
collector in the same manner as a writ of possession in a
forcible detainer action. A sheriff or constable may use
reasonable force in executing a writ of reentry under this
section.
(e) The landlord is entitled to a hearing on the tenant's sworn
complaint for reentry. The writ of reentry must notify the
landlord of the right to a hearing. The hearing shall be held not
earlier than the first day and not later than the seventh day
after the date the landlord requests a hearing.
(f) If the landlord fails to request a hearing on the tenant's
sworn complaint for reentry before the eighth day after the date
of service of the writ of reentry on the landlord under
Subsection (d), a judgment for court costs may be rendered
against the landlord.
(g) A party may appeal from the court's judgment at the hearing
on the sworn complaint for reentry in the same manner as a party
may appeal a judgment in a forcible detainer suit.
(h) If a writ of possession is issued, it supersedes a writ of
reentry.
(i) If the landlord or the person on whom a writ of reentry is
served fails to immediately comply with the writ or later
disobeys the writ, the failure is grounds for contempt of court
against the landlord or the person on whom the writ was served,
under Section 21.002, Government Code. If the writ is disobeyed,
the tenant or the tenant's attorney may file in the court in
which the reentry action is pending an affidavit stating the name
of the person who has disobeyed the writ and describing the acts
or omissions constituting the disobedience. On receipt of an
affidavit, the justice shall issue a show cause order, directing
the person to appear on a designated date and show cause why he
should not be adjudged in contempt of court. If the justice
finds, after considering the evidence at the hearing, that the
person has directly or indirectly disobeyed the writ, the justice
may commit the person to jail without bail until the person
purges himself of the contempt in a manner and form as the
justice may direct. If the person disobeyed the writ before
receiving the show cause order but has complied with the writ
after receiving the order, the justice may find the person in
contempt and assess punishment under Section 21.002(c),
Government Code.
(j) This section does not affect a tenant's right to pursue a
separate cause of action under Section 93.002.
(k) If a tenant in bad faith files a sworn complaint for reentry
resulting in a writ of reentry being served on the landlord or
landlord's agent, the landlord may in a separate cause of action
recover from the tenant an amount equal to actual damages, one
month's rent or $500, whichever is greater, reasonable attorney's
fees, and costs of court, less any sums for which the landlord is
liable to the tenant.
(l) The fee for filing a sworn complaint for reentry is the same
as that for filing a civil action in justice court. The fee for
service of a writ of reentry is the same as that for service of a
writ of possession. The fee for service of a show cause order is
the same as that for service of a civil citation. The justice may
defer payment of the tenant's filing fees and service costs for
the sworn complaint for reentry and writ of reentry. Court costs
may be waived only if the tenant executes a pauper's affidavit.
(m) This section does not affect the rights of a landlord or
tenant in a forcible detainer or forcible entry and detainer
action.
Added by Acts 1989, 71st Leg., ch. 687, Sec. 2, eff. Sept. 1,
1989. Amended by Acts 2001, 77th Leg., ch. 595, Sec. 1, eff. June
11, 2001.
Sec. 93.004. SECURITY DEPOSIT. A security deposit is any
advance of money, other than a rental application deposit or an
advance payment of rent, that is intended primarily to secure
performance under a lease of commercial rental property.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1,
2001.
Sec. 93.005. OBLIGATION TO REFUND SECURITY DEPOSIT. (a) The
landlord shall refund the security deposit to the tenant not
later than the 60th day after the date the tenant surrenders the
premises and provides notice to the landlord or the landlord's
agent of the tenant's forwarding address under Section 93.009.
(b) The tenant's claim to the security deposit takes priority
over the claim of any creditor of the landlord, including a
trustee in bankruptcy.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1143, Sec. 1, eff.
Sept. 1, 2003.
Sec. 93.006. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a)
Before returning a security deposit, the landlord may deduct from
the deposit damages and charges for which the tenant is legally
liable under the lease or damages and charges that result from a
breach of the lease.
(b) The landlord may not retain any portion of a security
deposit to cover normal wear and tear. In this subsection,
"normal wear and tear" means deterioration that results from the
intended use of the commercial premises, including breakage or
malfunction due to age or deteriorated condition, but the term
does not include deterioration that results from negligence,
carelessness, accident, or abuse of the premises, equipment, or
chattels by the tenant or by a guest or invitee of the tenant.
(c) If the landlord retains all or part of a security deposit
under this section, the landlord shall give to the tenant the
balance of the security deposit, if any, together with a written
description and itemized list of all deductions. The landlord is
not required to give the tenant a description and itemized list
of deductions if:
(1) the tenant owes rent when the tenant surrenders possession
of the premises; and
(2) no controversy exists concerning the amount of rent owed.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1,
2001.
Sec. 93.007. CESSATION OF OWNER'S INTEREST. (a) If the owner's
interest in the premises is terminated by sale, assignment,
death, appointment of a receiver, bankruptcy, or otherwise, the
new owner is liable for the return of the security deposit
according to this chapter from the date title to the premises is
acquired, regardless of whether an acknowledgement is given to
the tenant under Subsection (b).
(b) The person who no longer owns an interest in the rental
premises remains liable for a security deposit received while the
person was the owner until the new owner delivers to the tenant a
signed statement acknowledging that the new owner has received
and is responsible for the tenant's security deposit and
specifying the exact dollar amount of the deposit. The amount of
the security deposit is the greater of:
(1) the amount provided in the tenant's lease; or
(2) the amount provided in an estoppel certificate prepared by
the owner at the time the lease was executed or prepared by the
new owner at the time the commercial property is transferred.
(c) Subsection (a) does not apply to a real estate mortgage
lienholder who acquires title by foreclosure.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1,
2001.
Sec. 93.008. RECORDS. The landlord shall keep accurate records
of all security deposits.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1,
2001.
Sec. 93.009. TENANT'S FORWARDING ADDRESS. (a) The landlord is
not obligated to return a tenant's security deposit or give the
tenant a written description of damages and charges until the
tenant gives the landlord a written statement of the tenant's
forwarding address for the purpose of refunding the security
deposit.
(b) The tenant does not forfeit the right to a refund of the
security deposit or the right to receive a description of damages
and charges for failing to give a forwarding address to the
landlord.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1,
2001.
Sec. 93.010. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (a)
The tenant may not withhold payment of any portion of the last
month's rent on grounds that the security deposit is security for
unpaid rent.
(b) A tenant who violates this section is presumed to have acted
in bad faith. A tenant who in bad faith violates this section is
liable to the landlord for an amount equal to three times the
rent wrongfully withheld and the landlord's reasonable attorney's
fees in a suit to recover the rent.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1,
2001.
Sec. 93.011. LIABILITY OF LANDLORD. (a) A landlord who in bad
faith retains a security deposit in violation of this chapter is
liable for an amount equal to the sum of $100, three times the
portion of the deposit wrongfully withheld, and the tenant's
reasonable attorney's fees incurred in a suit to recover the
deposit after the period prescribed for returning the deposit
expires.
(b) A landlord who in bad faith does not provide a written
description and itemized list of damages and charges in violation
of this chapter:
(1) forfeits the right to withhold any portion of the security
deposit or to bring suit against the tenant for damages to the
premises; and
(2) is liable for the tenant's reasonable attorney's fees in a
suit to recover the deposit.
(c) In a suit brought by a tenant under this chapter, the
landlord has the burden of proving that the retention of any
portion of the security deposit was reasonable.
(d) A landlord who fails to return a security deposit or to
provide a written description and itemized list of deductions on
or before the 60th day after the date the tenant surrenders
possession is presumed to have acted in bad faith.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1143, Sec. 2, eff.
Sept. 1, 2003.
Sec. 93.012. ASSESSMENT OF CHARGES. (a) A landlord may not
assess a charge, excluding a charge for rent or physical damage
to the leased premises, to a tenant unless the amount of the
charge or the method by which the charge is to be computed is
stated in the lease, an exhibit or attachment that is part of the
lease, or an amendment to the lease.
(b) This section does not affect a landlord's right to assess a
charge or obtain a remedy allowed under a statute or common law.
(c) This section does not affect the contractual right of a
landlord that is a governmental entity created under Subchapter
D, Chapter 22, Transportation Code, whose constituent
municipalities are populous home-rule municipalities to assess
charges under a lease to fully compensate the governmental entity
for the governmental entity's operating costs.
Added by Acts 2001, 77th Leg., ch. 1397, Sec. 1, eff. Sept. 1,
2002. Renumbered from Property Code Sec. 93.004 by Acts 2003,
78th Leg., ch. 1275, Sec. 2(119), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
71, Sec. 1, eff. May 20, 2009.