Key points
- Evictions (forcible detainer suits) are filed in the justice court for the precinct where the property sits, and are decided on possession.
- Landlords must mitigate damages when a tenant abandons. A lease clause waiving that duty is void.
- Commercial lockouts are allowed for delinquent rent if the landlord follows § 93.002’s notice requirements.
- Guarantors and assignees may be liable even after the tenant entity fails or moves out.
Disputes we handle
| For landlords | For tenants |
|---|---|
| Unpaid rent and collections | Wrongful lockouts and evictions |
| Evictions and holdover tenants | CAM and operating expense overcharges |
| Tenant abandonment and re-letting damages | Landlord failure to repair or maintain |
| Guaranty enforcement | Constructive eviction and loss of use |
| Unauthorized use, assignment or alterations | Security deposit withholding |
| Landlord’s lien and distress warrants | Exclusive-use and co-tenancy violations |
Evictions in Houston justice courts
To evict a commercial tenant, the landlord generally must deliver a written notice to vacate. Property Code § 24.005 sets the default at three days unless the lease provides otherwise. The landlord then files an eviction suit in the justice court for the precinct where the property is located. Harris County has multiple justice of the peace precincts. The justice court decides the right to immediate possession and can award unpaid rent within its jurisdictional limit. Either party may appeal to the county court at law, where the case is tried again, and appeal deadlines are short. Commercial tenants who appeal generally must post a bond to stay in possession.
Abandonment and the duty to mitigate
When a tenant vacates early, the landlord can’t simply let the space sit and sue for the remaining rent. Under Property Code § 91.006, the landlord must use objectively reasonable efforts to re-let, and that duty can’t be waived. Tenants can reduce exposure by showing the landlord didn’t mitigate. Landlords should document their marketing efforts from the start.
Considering a lockout, an eviction or withholding rent?
Each one can backfire if done wrong. Get advice first: book a discovery call or call (346) 363-0334.
Lockouts and the landlord’s lien
A commercial landlord may change the locks for delinquent rent, but must post a notice on the tenant’s front door stating where the new key can be obtained during the tenant’s regular business hours. A landlord who violates the statute may face liability. Separately, Chapter 54 gives a commercial building landlord a lien on certain tenant property in the building for rent due. It can be enforced through a distress warrant, and leases often add a contractual security interest. Seizing tenant property outside these procedures can create liability.
Damages, fees and strategy
Most commercial leases include attorney’s fee provisions, which raise the stakes for both sides. We evaluate the full picture: the lease, the guaranty, the tenant’s assets, the landlord’s re-letting prospects, and whether a negotiated exit, a lease amendment, or litigation is the best business outcome.
For lease drafting and negotiation before a dispute, see commercial leases.