Austin Texas Warning of Default on Commercial Lease

State:
Texas
City:
Austin
Control #:
TX-866LT
Format:
Word; 
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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

Most states, including Texas, have laws allowing a landlord to evict a tenant for violating a portion of the lease or rental agreement. Lease violations include having a pet despite a no-pets policy, willfully damaging the rental property, and not moving out of the rental property at the end of the lease period.

A provision in a lease agreement or a manufactured home community rule that purports to waive a right or to exempt a landlord or a tenant from a duty or from liability under this chapter is void. Added by Acts 2001, 77th Leg., ch.

The problem must either a) materially affect the physical health or safety of an ordinary tenant or b) arise from the landlord's failure to supply hot water at a minimum temperature of 120°F.

In other words, both landlords and tenants can terminate a 30-day commercial property lease in 30 days or less without penalty by giving 30 days' notice of the termination to the other party.

Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. The law presumes seven days to be a reasonable time, but the landlord can rebut this presumption.

Learning the Abandoned Possession Laws in Texas In the state of Texas, a 60-day collection period is provided to the tenants once they are given notice. Beyond that, landlord are free to dispose of the abandoned possessions.

If you take your landlord to court and they are found to be in breach of contract then they could be ordered to carry out essential repairs and you could even be awarded damages. However, court proceeding should only be undertaken if all other attempts have failed. It can be a lengthy, expensive process.

(a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.

This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants. The right to health and safety in your home.

Another provision of the Texas Property Code, Section 72.101, says that, under certain circumstances, personal property can be presumed abandoned if it is left on the premises for three years.

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Austin Texas Warning of Default on Commercial Lease