Texas Commercial Lease Agreement

State:
Multi-State
Control #:
US-807LT
Format:
Word; 
Rich Text
Instant download

Description

Lease of property for commercial purposes. Average complexity.

A Texas Commercial Lease Agreement is a legal document that governs the rental of commercial property in the state of Texas. It outlines the terms and conditions agreed upon between the landlord or property owner and the tenant regarding the use, occupancy, and payment of the commercial space. Commercial lease agreements in Texas can vary based on the type of property being leased and the specific needs of the parties involved. Some common types of Texas Commercial Lease Agreements include: 1. Triple Net (NNN) Lease: A Triple Net Lease requires the tenant to pay their share of property taxes, insurance, and maintenance expenses in addition to the monthly rent. This type of lease is commonly used for retail and commercial properties. 2. Gross Lease: In this type of lease, the tenant pays a fixed monthly rental amount, and the landlord covers all property expenses such as taxes, insurance, and maintenance. This type of lease is common for office spaces and medical facilities. 3. Modified Gross Lease: A Modified Gross Lease is a combination of the NNN and Gross leases. The tenant and landlord agree on specific expenses to be paid by each party. This type of lease provides more flexibility in expense allocation. 4. Percentage Lease: A Percentage Lease is common in retail leasing, where the tenant pays a base rent along with a percentage of their sales revenue. This type of lease allows the landlord to benefit from the tenant's success. The Texas Commercial Lease Agreement typically includes important details such as the lease term, rent amount, security deposit, maintenance responsibilities, late payment penalties, sublease or assignment clauses, and any specific provisions unique to the property or business type. It also outlines the rights and obligations of both the landlord and the tenant, addressing issues such as property use, alterations, dispute resolution, and termination conditions. It is important for both parties to carefully review and understand the terms of the Texas Commercial Lease Agreement before signing to ensure clarity, fairness, and protection of their interests. Seeking legal advice is highly recommended ensuring compliance with Texas laws and to address any specific concerns related to the commercial lease.

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FAQ

A Triple Net Lease (NNN Lease) is the most common type of lease in commercial buildings. In a NNN lease, the rent does not include operating expenses. Operating expenses include utilities, maintenance, property taxes, insurance and property management.

Whether it is expressly stated under the lease or not, the Texas Property Code allows a landlord to prevent a commercial tenant from entering the leased premises by changing the door locks of a tenant who is delinquent in paying at least part of the rent.The decision to lock a tenant out should not be made lightly.

Validity of An Oral Agreement. An oral agreement is as equally valid, as a written one. The legality, of an oral agreement, cannot be questioned, if it falls under the ambit of the requirements stated in section 10 of the Indian Contract Act, 1872.

The breach of contract statute of limitations in Texas is four years. What this means is that you have four years from the date a breach of contract occurred to file a lawsuit in the state of Texas. If you did not file your claim within the four-year period, you forfeit your right to sue.

A rental agreement can be oral or written. It is the same thing as a lease. An oral rental agreement is where you and the landlord agree that you can rent a unit but your agreement is not in writing. An oral rental agreement is still enforceable.

Stated simply, the Texas commercial landlord can, upon default of the lease by the tenant, change the locks of the premises so the tenant no longer has access to either the lease space or the contents until the rent is paid.

Unless the lease says something different, if a commercial tenant owes rent, the landlord can change the door lock without filing an eviction case.The tenant can get the key only during normal business hours and only if the tenant pays the rent due.

While this may come as a surprise to many, in Texas, most oral agreements are legal and enforceable.

Verbal agreements aren't usually enforceable, and won't change the written lease. Get all agreements in writing and have all parties sign it. Someone who won't sign a written agreement might not intend to honor that agreement. To help you understand the Texas Property Code, seek legal advice.

The landlord must also strictly follow the lease as well as statutory requirements contained in the Texas Property Code, which typically include delivering a notice to vacate to the tenant providing tenant with at least three (3) days to vacate the premises, filing a forcible detainer lawsuit in the proper justice

More info

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Texas Commercial Lease Agreement