Keywords: Texas, Waiver of Lease Provision, Lessor, types Introduction: The Texas Waiver of Lease Provision by Lessor refers to a legal provision that allows the lessor (property owner/landlord) to waive or give up certain rights outlined in the lease agreement. By waiving specific provisions, the lessor grants flexibility to the lessee (tenant) and adjusts the terms of the lease contract to meet their needs. There are several types of waivers commonly seen in Texas lease agreements, each with its own purpose and implications. 1. Waiver of Rent Acceleration: A lessor may include a waiver of rent acceleration provision in the lease agreement, which prevents them from accelerating the entire remaining balance of unpaid rent if the tenant breaches the terms of the lease. This waiver allows the tenant to remedy the breach and continue with the lease, rather than facing immediate eviction or financial burden. 2. Waiver of Notice Period: The waiver of notice provision allows the lessor to forego the typical notice period required before taking certain actions, such as terminating the lease or evicting the tenant. This type of waiver gives the lessor the right to act swiftly and take appropriate legal actions without the need for prior warning, should the tenant violate significant terms of the lease. 3. Waiver of Late Fee: With a waiver of late fee provision, the lessor relinquishes the right to charge the lessee a penalty for late payment of rent. This waiver provides the tenant with some leniency in case they face temporary financial difficulties. It prevents excessive financial burden on the tenant while maintaining a good relationship between both parties. 4. Waiver of Maintenance Responsibility: In certain cases, the lessor may waive their obligation to perform certain maintenance and repair duties outlined in the lease. This waiver recognizes the tenant's willingness and ability to take on these responsibilities themselves, saving the lessor time and effort. It is essential to clearly outline the specific repairs/care waived to avoid any confusion or potential disputes. 5. Waiver of Liability: A waiver of liability provision releases the lessor from any responsibility or legal liability for accidents, injuries, or damages occurring on the leased property. This waiver ensures that if any unfortunate incidents occur, the tenant assumes responsibility and cannot hold the lessor accountable. Conclusion: The Texas Waiver of Lease Provision by Lessor offers flexibility and customization to lease agreements, enabling landlords and tenants to tailor their contractual obligations according to their specific needs. While the types of waivers mentioned above are common, it is important for both parties to carefully review the lease agreement, seek legal advice if necessary, and ensure that the waivers reflect their mutual understanding and expectations.
Texas Waiver of Lease Provision by Lessor
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91.004. LANDLORD'S BREACH OF LEASE; LIEN. (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.
Section 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 ...
(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.
Lockouts: Your landlord can lock you out for nonpayment of rent or for abandoning the property. If the lockout is for nonpayment, the landlord must post a written notice on the front door with contact information for the person or company who can provide a new key during normal business hours.
(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.
In Texas, subleasing is governed by Texas Property Code 91.005. This rule states that you may not rent the property without your landlord's consent during your lease. Your lease will usually tell you if subleasing is allowed.
Code Section 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.
