The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Texas Complaint for Unlawful Detainer by Commercial Tenants to Recover Possession, Past-Due Rent, Rental Value of Premises, and Attorney's Fees and Costs -
State:
Multi-State
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Control #:
US-02778BG
Format:
Word;
Rich Text
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FAQ
92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.
Under current law, landlords and property owners in the State of Texas must comply with Section 92.016 and 92.1061 of the Texas Property Code. This law allows for victims of certain crimes involving family violence, sexual assault, child sexual abuse and stalking to terminate residential leases for their safety.
93.005. OBLIGATION TO REFUND SECURITY DEPOSIT. (a) The landlord shall refund the security deposit to the tenant not later than the 60th day after the date the tenant surrenders the premises and provides notice to the landlord or the landlord's agent of the tenant's forwarding address under Section 93.009.
Code Section 93.004. Security Deposit. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of commercial rental property.
Section 92.024 - Landlord's Duty to Provide Copy of Lease (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease.
Section 92.109 - Liability of Landlord (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
Section 92.054 of the Texas Property Code, entitled, "CASUALTY LOSS" states: a. (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds.
Section 92.109 - Liability of Landlord (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
