PROPERTY CODE
CHAPTER 93. COMMERCIAL TENANCIES
§ 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, § 2, eff. Sept. 1, 1989;
Acts 1989, 71st Leg., ch. 689, § 2, eff. Sept. 1, 1989.
§ 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, § 2, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 44, § 1, eff. Sept. 1, 1993.
§ 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, § 2, eff. Sept. 1, 1989.
Amended by Acts 2001, 77th Leg., ch. 595, § 1, eff. June 11,
2001.
§ 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, § 1, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1143, § 1, eff. Sept. 1,
2003.
§ 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, § 1, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 2001.
§ 93.008. RECORDS. The landlord shall keep accurate
records of all security deposits.
Added by Acts 2001, 77th Leg., ch. 1460, § 1, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1143, § 2, eff. Sept. 1,
2003.
§ 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.
Added by Acts 2001, 77th Leg., ch. 1397, § 1, eff. Sept. 1, 2002.
Renumbered from V.T.C.A., Property Code § 93.004 by Acts 2003,
78th Leg., ch. 1275, § 2(119), eff. Sept. 1, 2003.
