The language of the law is especially consequential when it comes to real estate agreements. If you are dealing with a commercial real estate concern, do not hesitate to reach out to Attorney Madhvi Patel to guide you through the legal process and ensure the terms of the agreement and negotiation address your interests. Cohen Villegas Patel, PLLC will provide you the individualized attention your real estate concern needs.
Call our office at (214) 643-8844 or contact us online for a consultation to get started.
Texas has certain laws addressing tenant and landlord rights for commercial leases. Commercial leases will proceed along the following steps:
- A clear and definite offer communicated to the other party.
- A clear and definite acceptance of the offer within a specified period.
- Mutual assent, or a “meeting of the minds,” agreeing on the terms of the lease (not to be obtained by fraud or misrepresentation).
- The oral or written lease agreement. Commercial real estate leases lasting over one year must be in writing to be enforceable. Oral leases of less than one year are permitted.
- The rent agreement and payment.
Generally, leases should include details about the following elements:
- names of parties involved (tenant, landlord);
- address and description of property;
- length of the lease;
- amount of rent (and the monthly due date);
- amount of security deposit;
- procedure for requesting repairs or maintenance;
- whether pets are allowed.
Note that commercial landlords are expected to:
- maintain or repair the property so is fit to be used (the commercial lease may be terminated after 90 days if this is not done);
- facilitate common area and elevator maintenance;
- hold full fire insurance and extended coverage insurance;
- pay utilities directly to providers if promised to do so in the agreement.
Texas law also prohibits bias for real estate decisions on the basis of familial status as well as other anti-discrimination factors addressed by federal law, such as race, skin color, religion, sex, and national origin.
Security Deposit Laws
A security deposit is not necessary to create an enforceable lease in Texas, though if a commercial landlord does seek one, they must refund the deposit within 60 days of the tenant leaving the property. Additionally, a Texas landlord may not keep any portion of a commercial tenant’s security deposit for the reason of normal wear and tear on the property. They are permitted to make deductions from the deposit, though, for damages and charges that the tenant is legally liable for, such as unpaid rent and certain utilities (if required).
To make these deductions, the commercial landlord must provide the tenant with a written, itemized list.
International & Multicultural
CVP is comprised of multicultural partners, thus offering a variety of language translation and interpretation: Spanish, Gujarati, Italian, German, French, Nepalese, Hebrew, Russian and Portuguese.
While providing outstanding service and legal representation is our paramount concern, CVP maintains great vigilance in controlling costs by ensuring that matters are dealt with efficiently and cost-effectively.
Decades of Experience
All clients meet with only CVP partners for legal counsel. Our partners come from a variety of jurisdictions and hold degrees and concentrations in various fields of Law. Together we offer decades of experience and vast insight translating directly into exceptional advice and service to our clients.
Naturally, certain disputes may arise regarding commercial real estate, such as regarding:
- damage to property;
- unlawful withholding of security deposit;
- wrongful eviction or lease termination;
- missed or late payments;
- breach of lease.
Whatever real estate concern you are facing, Atorney Madhvi Patel can take a look at the legal side of things. Both commercial landlords and commercial tenants have legal rights protected by Texas real estate law, and our professional attorneys will make sure those rights are being fairly addressed. From examining the terms of your lease agreement to helping you take legal action in the case of missed payments, Cohen Villegas Patel, PLLC can help you navigate the Texas real estate and finance system.
Schedule a consultation online or at (214) 643-8844 to get started with our firm.