If you lease commercial real-estate in Texas, your land lord is obligated to protect your health and safety. However if a land lord refuses to make reasonable repairs it is vital that you don't take preemptive steps.
There are two types of conventional commercial leases in Texas, the periodic lease and the term lease. The periodic lease gives the tenant having the option of terminating the lease at the end of each month. Under a periodic lease tenants are obligated to pay rent for a full month plus one day, before vacating the property. Term leases last for a period agreed upon between the land lord and the tenant. Under this type of lease generally no changes can be made until the lease is up for renewal. Under a term lease tenants may have to pay the cost of maintaining the property.
No matter what type of lease your business has the land lord is obligated to ensure your basic health and safety. The land lord must ensure basic fire protection and ensure that devices like smoke detectors are well maintained. The land lord must maintain basic security and keep locks and alarms are in working order. Apart from these basic conditions, the land lord’s responsibilities will largely be defined by the terms of your lease. If you believe poor conditions have a material impact on your health and safety, the land lord is obligated to make repairs. If your lord refuses to make repairs, it is vital that you avoid withholding rent or taking preemptive action.
If you lease commercial real-estate in Texas, take specific steps before taking any action against your land lord.
The Texas Attorney Generals website advises you to make any complaint directly to your land lord via a certified letter. Clearly outline the repairs needed to the property. Prior to taking this step, be sure your rent is current. Upon sending the letter, request documentation proving your land lord received it. The land lord must make repairs within a reasonable time frame. This is generally within seven days of receiving the letter. If the land lord doesn't take reasonable steps to make the repairs outlined in the letter, send the letter again and wait another seven days. If the land lord doesn't respond, you may be able to terminate the lease. You may also be able to make any necessary repairs yourself and deduct the cost from your rent. You may also sue your land lord in order to compel them to finance the repairs you believe are necessary.
With Texas commercial real-estate the land lord’s responsibilities are largely defined on a case by case basis
Generally the terms of your lease will outline the land lord’s responsibilities for maintaining the property. Although land lords are obligated to protect your health and safety, you may have to prove in court how conditions on the property negatively impact you and explain why you believe your land lord is responsible. Therefore don't violate the terms of your lease prior to sending a certified letter, to demonstrate that the land lord is aware of your complaint. Consult with legal experts if necessary.
Dennis Dahlberg
Broker/RI/CEO/MLO
Level 4 Funding LLC Private Hard Money Lender
Arizona Tel: (623) 582-4444
Texas Tel: (512) 516-1177
Dennis@level4funding.com NMLS 1057378 | AZMB 0923961 | MLO 1057378
22601 N 19th Ave Suite 112 | Phoenix | AZ | 85027
111 Congress Ave |Austin | Texas | 78701
About the Author: Dennis has been working in the real estate industry in some capacity for the last 40 years. He purchased his first property when he was just 18 years old. He quickly learned about the amazing investment opportunities provided by trust deed investing and hard money loans. His desire to help others make money in real estate investing led him to specialize in alternative funding for real estate investors who may have trouble getting a traditional bank loan. Dennis is passionate about alternative funding sources and sharing his knowledge with others to help make their dreams come true. Dennis has been married to his wonderful wife for 42 years. They have 2 beautiful daughters 5 amazing grandchildren. Dennis has been an Arizona resident for the past 40 years.
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