This office lease clause states that in the event the tenant becomes a debtor under Chapter 7 of the federal Bankruptcy Code and the Trustee of the tenant's property or the tenant elects to assume the lease for the purpose of assigning the same or otherwise, such election and assignment may only be made if all of the terms and conditions are satisfied. If such Trustee shall fail to elect or assume the lease within sixty (60) days after the filing of the petition, the lease shall be deemed to have been rejected.
Texas Landlord Bankruptcy Clause
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91.004. LANDLORD'S BREACH OF LEASE; LIEN. (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.
Texas Property Code Chapter 94 ? Manufactured Home Tenancies.
In Texas, subleasing is governed by Texas Property Code 91.005. This rule states that you may not rent the property without your landlord's consent during your lease. Your lease will usually tell you if subleasing is allowed.
(b) To secure payment of the damages, the tenant has a lien on the landlord's nonexempt property in the tenant's possession and on the rent due to the landlord under the lease. Acts 1983, 68th Leg., p. 3627, ch. 576, Sec.
The bankruptcy will stop the eviction as long as it was filed before the landlord gets its order. The automatic stay essentially treats the landlord like any other creditor.
After receiving notice, in the event your Landlord 1) fails to repair a condition which materially affects your physical health and safety or 2) fails to return your security deposit within 30 days from your departure of the property AND fails to give you an itemized accounting for deductions, then the next step is to ...
(b) If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the ...
Peace and Quiet Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.
