Search Site
Menu
Commercial Tenant Eviction

Although a commercial tenant does not have the same statutory protections provided to residential tenants, there are still specific legal procedures, as outlined in the commercial lease and the Texas Property Code which are vital to a proper eviction process.  Below is a rough outline of some considerations important in a commercial eviction:

Step 1

The commercial lease provisions should be thoroughly reviewed to determine the grounds for an eviction.  This review should include examining how and when the tenant defaulted, any grace periods or cure options available to the tenant, and remedies available to the landlord.  Oftentimes these grace periods, cure options and remedies are different for each type of default within the same lease.  The appropriate sections of the Texas Property Code should also be reviewed with regards to any statutory requirements imposed on the landlord.

Step 2

The landlord should properly notify the tenant of the claimed default(s).  Proper notice is a mandatory prerequisite for filing an eviction action.  Texas Property Code Section 24.005 establishes a 3 day written notice requirement to vacate prior to filing suit, unless the parties have contracted in the lease for a different time period.  There are certain instances in which the statutes may require more, less, or additional notices and procedures.  For example, if the tenant is a holdover past the term of the lease, if the tenant is a tenant at will or by sufferance or if the occupant gained possession of the property by forcible entry.

Step 3

File a proper forcible detainer action in the appropriate court. Most eviction proceedings in Harris and Montgomery County will be assigned to a JP Court associated with the address of the leased property.  Once the complaint is filed the court will immediately issue a citation commanding the tenant to appear, which date will be between 6-10 days from the service of the citation.  The defendant can respond in writing or by appearing on the court date.  At the trial, the judge will hear all evidence and render a judgment.  If the defendant fails to appear, the allegations in the complaint will likely be deemed admitted and a default judgment entered in favor of the landlord.

Step 4

Request a writ of possession from the court, which will entitle the landlord to take possession of the property by evicting the tenant.  Present the writ to the county sheriff and ask them to remove the tenant.

The landlord-tenant relationship is a complex and statutorily regulated relationship.  Before commencing the eviction process, landlords and tenants should consult an attorney to confirm that the appropriate procedures have been taken and the appropriate notices given to insure a smooth eviction process.  Real estate attorneys who represent landlords or tenants are able to diligently review and follow the proper procedures applicable to the situation.

Wendy Lambie

Phone: 281-367-1222

Fax: 281-210-1361

[email protected]

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2019

    The Strong Firm represents borrower in $42.3 million HUD construction loan for multifamily real estate development in Walton County, Florida.

    Read More
  • Spring 2019

    The Strong Firm acts as legal counsel for borrower in $32.1 million HUD construction loan for multifamily real estate development in Conroe, Texas.

    Read More
  • Spring 2019

    The Strong Firm aids borrower in $31.7 million HUD construction loan for multifamily real estate development in Nueces County, Texas.

    Read More
  • Spring 2019

    The Strong Firm represents borrower in the refinancing of a $3.57 million commercial mortgage-backed security for a commercial office facility in Montgomery County, Texas.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2019 Award

Recent Blog Posts

“So…What Happens to My Bitcoin When I Die?” Modern Estate Planning for Digital Assets and Cryptocurrencies

Millennials have complicated everything. Socializing in person wasn’t enough, so they created Facebook. Dollars weren’t enough, so they created Bitcoin. Every new app, technology or cryptocurrency brings with it more uncertainty legal uncertainty around these digital assets. Are they currency? Are they property? Can they be gifted? Can they be
Read More
“So…What Happens to My Bitcoin When I Die?” Modern Estate Planning for Digital Assets and Cryptocurrencies

A Win for Property Owners: New Texas Law Makes it Difficult for Forced Annexation

The State of Texas is a strong advocate for protecting property owners from the forced taking of land, including eminent domain, foreclosure or annexation. This year, the Texas Legislature enacted a bill that protects landowners for decades to come from forced annexation. In 1858, Texas passed the first statute allowing incorporation
Read More
A Win for Property Owners: New Texas Law Makes it Difficult for Forced Annexation

Wait… Lawyers Do That?

Since the founding of the Strong Firm P.C. in 2004, we have prided ourselves on not only providing excellent legal services, but also playing a large role in our community. Every year I have the opportunity to speak to area students from first grade through college grad students on legal-related
Read More
Wait… Lawyers Do That?

Part II – Probate: Identify the Most Efficient Probate Proceeding – Muniment of Title

Texas law provides several options to transfer ownership of a deceased person’s (usually called a “decedent”) property. We previously discussed the difference between a dependent and an independent administration. The dependent and independent administrations are used when the deceased person’s estate exceeds some minimal thresholds for size or complexity, such
Read More
Part II – Probate: Identify the Most Efficient Probate Proceeding – Muniment of Title
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.

Pay Retainer Online

Use our easy-to-use and secure online payment feature.
We accept all major credit cards.

Pay Your Retainer

Contact us

Quick Contact Form