Oklahoma Complaint or Petition to Enforce Statutory Lien on Tenant's Personal Property with Regard to a Commercial Lease

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Multi-State
Control #:
US-00871BG
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This form is a complaint or petition to enforce a lien for rent that is past due and may be referred to when preparing such a complaint for your particular state.
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  • Preview Complaint or Petition to Enforce Statutory Lien on Tenant's Personal Property with Regard to a Commercial Lease

How to fill out Complaint Or Petition To Enforce Statutory Lien On Tenant's Personal Property With Regard To A Commercial Lease?

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FAQ

A landlord's lien is a clause written into the lease that gives a landlord permission to take a tenant's non-exempt property for rent that is owed.

91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.

Texas is a relatively pro-landlord state when it comes to commercial lease disputes and evictions. Notably, a landlord has a statutory right to lock out a commercial tenant who fails to pay part or all of the rent on time.

Statutory Landlord Lien This statutory landlord's lien secures the tenant's obligation to pay rent for the current 12-month period during the lease (with the first 12-month period beginning on the commencement date of the lease). The statutory lien attaches to the tenant's personal property located in the building.

If you quit the lease early, you are responsible for the balance of the lease. For example, if the lease term is one year and you leave after five months, you can be liable for the remaining seven months of rent: the balance of the lease term. Consider negotiating a shorter lease term until you're sure you'll stay.

(e) A landlord may remove and store any property of a tenant that remains on premises that are abandoned. In addition to the landlord's other rights, the landlord may dispose of the stored property if the tenant does not claim the property within 60 days after the date the property is stored.

The real estate investor, who is renting out the space, would then be liable for the tax burden of that property. The tenant who is simply leasing the space has to pay a monthly rent, but they should not have to worry about these additional costs.

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Oklahoma Complaint or Petition to Enforce Statutory Lien on Tenant's Personal Property with Regard to a Commercial Lease