Texas Warning of Default on Commercial Lease

State:
Texas
Control #:
TX-866LT
Format:
Word; 
Rich Text
Instant download

Description

This Warning of Default on Commercial Lease is a warning letter from landlord to tenant expressing concern that if certain conditions are not remedied, tenant will be held in default under the lease agreement.


In landlord-tenant law, default usually refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.

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FAQ

Your lease agreement will state what constitutes a default of the lease as well as if there is any grace period in making lease payments. Not making a contractually required monthly payment will normally be a breach of the lease and the lessor can then repossess the vehicle from you.

A break-early fee is a lump sum payment. The amount of the break-early fee will vary greatly depending upon the commercial tenant's specific circumstances. In exchange for the break-early fee, the landlord will agree to release the commercial tenant from all of its obligations under the commercial lease.

In most cases the landlord will ask that you remain secondarily responsible for paying the lease if the new tenant defaults. In both cases, there will likely be some charge by the landlord to cover their time and expense in reviewing and approving the arrangement.

Surrender the Lease. One option for getting out of your commercial lease early is to approach your landlord and request to surrender the lease. Early Termination Clause. Some lease agreements will contain an early termination clause (commonly called a break clause). Assignment of Lease. Subletting the Premises. Licensing.

Whether it is expressly stated under the lease or not, the Texas Property Code allows a landlord to prevent a commercial tenant from entering the leased premises by changing the door locks of a tenant who is delinquent in paying at least part of the rent.The decision to lock a tenant out should not be made lightly.

A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.

Paying the remainder of the rent still owed on the lease in full; Paying a specified amount of liquidated damages as outlined in the contract terms; Paying an additional amount of punitive damages, dependent on local state laws; and/or.

Whether it is expressly stated under the lease or not, the Texas Property Code allows a landlord to prevent a commercial tenant from entering the leased premises by changing the door locks of a tenant who is delinquent in paying at least part of the rent.The decision to lock a tenant out should not be made lightly.

One option for getting out of your commercial lease early is to approach your landlord and request to surrender the lease. A surrender of lease is when both you and the landlord agree to end the lease.However, if the landlord agrees to surrender your lease, you will often have to pay their legal costs.

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Texas Warning of Default on Commercial Lease