Landlord and Tenant Rights and Remedies after Default (Commercial Lease) (TX)

Summary

This practice note discusses landlord and tenant rights and remedies following a tenant default under a commercial lease in Texas. This note examines the remedies available to a commercial landlord in Texas upon a tenant's breach or anticipatory breach, the landlord's duty to mitigate damages, and its right to rent and damages. It also offers guidance to counsel for both parties on the landlord's right to repossess the premises, exercise self-help, and pursue judicial eviction. Finally, this note discusses the landlord's contractual and statutory liens under Texas law and its rights and obligations with respect to the tenant's personal property at the premises.