Notice of Default
(Commercial Eviction) (TX)

Summary

This Notice of Default may be used by a landlord in Texas to notify a commercial tenant that has defaulted in its obligation to pay rent that if the tenant does not pay all rent due, the landlord may pursue any remedies available to it under the lease. This template contains practical guidance and drafting notes. Commercial leases in Texas often require written notice of default and a time period (e.g., 10 days, 30 days, etc.) for cure. However, such notice periods are also negotiable, and a lease agreement may not contain any notice and cure rights, including for monetary defaults. If the required notices and cure periods are not followed, a landlord may set itself up for trouble later when it decides to lockout or evict a tenant, who may then have a defense to eviction and potential claims for wrongful lockout or wrongful eviction against the landlord. This template should be used only to provide notice of default as required by a written lease and does not terminate the lease or the tenant's right to possess the premises. If the tenant fails to cure the rent default and the landlord wishes to terminate tenant's right of possession, see Notice of Termination of Right of Possession (Commercial Eviction) (TX). For further guidance on commercial evictions in Texas see Commercial Eviction (TX).