Texas Commercial Lease: Types, Key Terms To Know, Costs

Reviewed for legal accuracy by Forest Hamilton JD

Quick Facts — Commercial Lease Lawyers (Texas)

A Texas commercial lease is an agreement between a landlord and a renter for the renting of commercial property for business purposes. Commercial lease agreements are more complicated than residential leases and need to guarantee that the financial terms of the agreement will remain stable upon renewal. Hence, the agreements must frequently get negotiated between the landlord, the tenant(s), and their corresponding attorneys.

A commercial lease also specifies the rights and obligations of each party and rules regarding subletting and late payment fees. The leasing agreement is valid once it has been signed by the two parties and is upholdable in court.

Elements of Texas Lease Agreement

While most U.S. states share similar elements of a Texas business lease agreement, landlord-tenant regulations require specific details. Below are some of the primary elements of a Texas commercial lease agreement.

  • Offer

    The initial stage of a lease is to make an offer with specific terms included in the agreement such as the names of the landlord and the tenant clearly and that is disclosed to the other party.

  • Mutual Assent

    The offeror has the right to withdraw the offer or establish a deadline for accepting it. The party that accepts the offer should clearly state the acceptance to the offeror. A lease is not a contract unless there is mutual approval also called ‘meeting of minds’. In case of any proof of fraud used to trick one party into accepting the agreement, the Texas Court will not enforce a lease.

  • Lease Delivery

    Under Texas law, it is mandatory that commercial real estate leases with a term of more than one year must be in writing to be enforceable. However, oral leases of less than one year are permitted.

  • Consideration or Legal Value

    The next stage in a commercial lease agreement is giving ‘something of value’ in exchange for something else of value. Usually, a security deposit i.e., rent is paid in exchange for occupying the property in commercial real estate leases. However, a security property is not a consideration unless the lease agreement states so.

    Texas law defines a deposit as “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.”

  • Security Deposit Payment

    Indicate the accepted methods of payment and the security deposit sum that the renter will be expected to pay. According to Article 93 of the Texas Property Code, corporate landlords must return a tenant's security deposit within 60 days of the tenant moving out.

  • Term of the Lease

    Include a description of the lease's beginning and end dates. What will happen if the tenant remains on after the lease ends or shuts down their business? Specify this in the commercial leasing agreement. If the renter has the authority to sublease the premises, you can also record it in the agreement.

    You must also include information about lease termination in the terms of the lease agreement section. Any notice requirements or early termination fees must be stated clearly.

    Discuss the ramifications of the tenant selling the business to a third party. Mention whether the new business owner will instantly inherit the lease or if a new lease must get negotiated.

Meet some lawyers on our platform

Rhea d.

231 projects on CC
CC verified
View Profile

Darryl S.

285 projects on CC
CC verified
View Profile

Allen L.

149 projects on CC
CC verified
View Profile

Adam J.

11 projects on CC
CC verified
View Profile

Conclusion

Repairs and maintenance are often the landlord's responsibility. However, there may be instances where the renter would be in charge. Regular housekeeping chores and yard mowing are included. You must also discuss maintaining and making repairs to the parking lot.

Specify who is responsible for repaving, fixing potholes, marking lines, and other maintenance tasks. Remember that you will likely be responsible for major repairs, such as road repairs, but you could prefer that your renters handle routine upkeep. However, if you still face difficulties drafting a Texas commercial lease, get in touch with our expert attorneys at ContractsCounsel. You can compare multiple free proposals from vetted lawyers and save 60% less than traditional law firms - start your job proposal here.

Frequently Asked Questions

How do I hire a lawyer to draft a commercial lease in Texas?
How much does it cost to hire a lawyer to draft a commercial lease in Texas?
How much does it cost to hire a lawyer to review a commercial lease in Texas?

See Commercial Lease by State

See Real Commercial Lease Projects

New Jersey Restaurant lease review Review
  • New Jersey
  • 2 lawyer bids
  • $1,000 - $1,200
View Details
New Jersey Review of Commercial Lease for Dispensary Review
  • New Jersey
  • 5 lawyer bids
  • $700 - $950
View Details
Georgia review of business property leasing agreement Review
  • Georgia
  • 5 lawyer bids
  • $750 - $1,650
View Details
Arizona Commercial Lease Review Review
  • Arizona
  • 5 lawyer bids
  • $500 - $1,250
View Details
Georgia Commercial Lease Review for a tenant Review
  • Georgia
  • 4 lawyer bids
  • $500 - $845
View Details
Washington Review Commercial Lease Review
  • Washington
  • 4 lawyer bids
  • $500 - $795
View Details

See all Commercial Lease projects in Texas


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Commercial Lease?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,602 reviews

Meet some of our Texas Commercial Lease Lawyers

Mark D. on ContractsCounsel
View Mark
5.0 (4)
Member Since:
March 15, 2022

Mark D.

Attorney
Free Consultation
Dallas/Houston Texas
31 Yrs Experience
Licensed in TX CO
Thomas M Cooley Law School

Partnering with business clients to keep their greatest asset - their employees - from becoming their biggest liability. Mark accomplishes this by working with in-house counsel and human resource professionals of several Fortune 50 companies, as well as many smaller public and privately held profit and not for profit organizations, to provide advice and counsel on the day to day employment and workforce practice issues encountered by those organizations. For over fifteen years Mark has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He is licensed and practices in both Texas and Colorado and has focused his practice for the last 20 plus years on defending companies in employment and labor related matters. During this time Mark has had extensive experience in handling and responding to a wide range of local, state and federal employment issues that impact the management and operations of businesses in a wide range of industries. Mark's experience includes appearances before state and federal agencies and regulatory boards, litigation in both state and federal courts, defense of class actions and appearances before courts of appeal. While Mark regularly handles matters in litigation, he has a high regard for handling every issue with the best interest of the client’s business. Mark is a published author and regular speaks on labor, employment and workplace practice topics. Whether it be an investigation by the Occupational Safety and Health Administration (OSHA), the Wage & Hour division of the U.S. Department of Labor, or other state agency; an Equal Employment Opportunity Commission (EEOC) or state agency charge claiming a violation of local, state or federal employment or labor laws; or the need for direction on a hiring, termination or business operational issue involving employees, Mark has extensive experience in handling these and many other employment and labor issues.

Recent  ContractsCounsel Client  Review:
5.0

"opened by mistake. but i have kept all your contact info and will be in touch for anything we need in the future!"

Charlton M. on ContractsCounsel
View Charlton
5.0 (11)
Member Since:
September 19, 2022

Charlton M.

Attorney
Free Consultation
Dallas, TX
12 Yrs Experience
Licensed in TX
University of St. Thomas School of Law

Charlton Messer helps businesses and their owners with general counsel and contract drafting services. He has helped over 500 businesses with their legal needs across a variety of industries in nearly a decade of practice.

Recent  ContractsCounsel Client  Review:
5.0

"I am so happy with my decision to hire Charlton. Not only was he responsive and timely, he laid everything out for me in terms that I could understand. I would recommend him to anyone and will be working with him for all of my future needs!"

AHAJI A. on ContractsCounsel
View AHAJI
Member Since:
July 8, 2022
Madeline P. on ContractsCounsel
View Madeline
Member Since:
August 14, 2022

Madeline P.

Attorney/CEO
Free Consultation
Frisco, Texas
10 Yrs Experience
Licensed in TX
Southern Methodist Uninversity - Dedman School of Law

I am the CEO and attorney at my law firm that I started in June 2020 (as other businesses were shuttering due to Covid-19). I am currently seeking contract work to supplement my case load as I recently finalized numerous family law cases within a short timeframe.

Craig C. on ContractsCounsel
View Craig
Member Since:
October 19, 2022

Craig C.

Attorney
Free Consultation
Fort Worth, Texas
32 Yrs Experience
Licensed in TX
UNIVERSITY OF HOUSTON LAW CENTER

I have 31 years of experience with drafting, editing, revising, reviewing and amending business and commercial contracts and agreements of all kinds. I have an extensive commercial/civil litigation background as well as years of healthcare regulatory experience.

Myron M. on ContractsCounsel
View Myron
Member Since:
November 3, 2022

Myron M.

Attorney
Free Consultation
Dallas, Texas
28 Yrs Experience
Licensed in TX
South Texas College of Law

For over 20 years Myron E. Mims Esq. has provided legal and consulting services to small and medium sized businesses. Mims served as regional counsel for a real estate investment and development firm where he managed the Company’s contract execution and management, and dispute resolution affairs. Mims was responsible for oversight and risk management of all legal affairs, including management of a robust litigation docket consisting of a seven figure, multi-party construction lawsuit, and multiple vendor and tenant disputes. Mims prepared new contract docs and implemented execution and management processes that lead to the reduction of litigation. As a managing partner of Nixon Mims, LLP Mims provided legal and consulting services to clients of that consisted of real estate, construction, telecommunications, media and food industry businesses. Mims routinely assisted clients with developing corporate governance and management protocols, strategic planning initiatives, and advised clients in the negotiation and execution of complex business transactions. Mims routinely provided operational oversight and technical analysis for management. During this period Mims obtained firsthand experience of the access to capital impediments and challenges that growth-stage businesses face.

David W. on ContractsCounsel
View David
Member Since:
November 2, 2022

David W.

Attorney
Free Consultation
Texas
10 Yrs Experience
Licensed in TX
South Texas College of Law

Founder David W. Weygandt, the Singing Lawyer, is passionate about helping families and businesses stay in tune with what they care about and avoid conflict. When injustice has been done, David is proud to stand up to the modern Goliath and vindicate your rights on your behalf. David lives and practices law in The Woodlands, Texas, and assists clients all across Texas.

Find the best lawyer for your project

Browse Lawyers Now

Lawyer Reviews for Texas Commercial Lease Projects

Commercial Lease Review

5.0

"very responsive , rapid turnaround and helpful insights . most importantly best price I found by a mile"

Florida
Review
Commercial Lease
ContractsCounsel User

Real Estate Attorney Needed for Lease Agreement Review in TN

5.0

"Will did a great job of reviewing our commercial lease and explaining the legal implications in a clear way. We hope to work with him again in the future."

Tennessee
Review
Commercial Lease
ContractsCounsel User

Review Commercial Lease for a Boutique Fitness Studio

4.7

"I had a relatively quick and satisfactory experience with Zachary to review a commercial lease. I would recommend him to other projects."

Maryland
Review
Commercial Lease
ContractsCounsel User

Commercial Lease LOI Review and Negotiation in Michigan

5.0

"Tom was amazing and patient. He explained everything and was incredibly fast. Thank you and would use his services again."

Michigan
Review
Commercial Lease
ContractsCounsel User

Review a commercial lease created by my General Contractor

5.0

"Great experience, Lori's response was quick, even on a weekend, and job completed. I added the advice and project done. Thank you."

Illinois
Review
Commercial Lease
ContractsCounsel User

Small Business

Commercial Lease

North Carolina

Asked on Apr 22, 2023

What's the repair responsibility in a commercial lease?

I am a small business owner in the process of signing a commercial lease for a retail space. I am trying to understand my responsibilities as the tenant regarding repairs and maintenance of the property. I want to make sure I understand what my repair responsibility is in the lease before signing it.

N'kia N.

Answered May 30, 2023

In a North Carolina commercial lease agreement, it is common for the landlord to be responsible for major maintenance and repairs (including structural issues) and the tenant to be responsible for minor maintenance and repairs (including general wear and tear). However, the landlord and the tenant may agree to alternative arrangements in the written lease. The best way to more fully understand your specific maintenance and repair responsibilities under a specific lease agreement is to have an attorney review the agreement and discuss it with you. Good luck!

Read 1 attorney answer>

Commercial Real Estate

Commercial Lease

North Carolina

Asked on Apr 26, 2023

How is the rent determined in a commercial lease agreement?

I am a small business owner looking to rent a space for my business. I am currently in negotiations with the landlord of a commercial property and we are discussing the terms of the lease agreement. We have reached a point where we need to discuss the rent and how it will be determined. I need to understand more about how rent is determined in commercial leases so that I can negotiate a fair and reasonable agreement.

N'kia N.

Answered May 19, 2023

In North Carolina, commercial rent is commonly calculated as a set dollar amount per square foot. This dollar amount is usually based on factors like location, age, condition, accessibility, and amenities. However, there is no requirement for rent to be determined this way. Unlike a residential lease agreement, the terms of a commercial lease agreement can be almost anything that the parties mutually agree to. As a word of caution, in North Carolina, commercial tenants do not have the same degree of legal protections as residential tenants. For just one example, a tenant who wishes to terminate a commercial lease early may be responsible for the entire remainder of the rent unless the lease agreement says otherwise.

Read 1 attorney answer>

Real Estate

Commercial Lease

California

Asked on Apr 21, 2023

What's the property description in a commercial lease?

I am a small business owner who is looking to lease a property for my business. I am currently reviewing a commercial lease and am trying to understand what is included in the property description in the lease. I am hoping to gain more clarity on what the property description entails and how it affects my business.

Gagandeep K.

Answered May 24, 2023

A property description in a commercial lease has to sufficiently identify the extent and boundaries of the property being leased. For example, it can be described by a map reference or by metes and bounds, or include a description such as "that certain building on the south-westerly corner of California and Larkin Streets." The commercial lease will include defined terms such as "Building," "Property," and "Premises". The defined terms define/describe the "Property" on which the "Building" is located which has the "Premises"/"Space" that is being leased. A sample definition of is Property Description in a Commercial Lease: ""Property" means the real property on which the Building is located together with the Building and all appurtenant fixtures and personal property of Landlord used in the operation of the Building and/or the Property, and any other improvements now existing or hereafter constructed thereon[, including the parking lot, walkways, and landscaped ground as depicted on the site plan attached hereto as Exhibit [LETTER]]."

Read 1 attorney answer>

Real Estate

Commercial Lease

Florida

Asked on Apr 21, 2023

What's the force majeure clause in a commercial lease?

I am a small business owner who is in the process of signing a commercial lease for my business. I am concerned about the implications of force majeure clauses in the lease and would like to understand them better. I have read through the clause, but am not sure if it covers all of the situations that may arise and if there are any additional considerations that I need to take into account. I would like to understand the full implications of the clause and any additional steps I should take to protect myself.

Moss S.

Answered Apr 28, 2023

Force majeure is a provision that usually allows either party to delay completing an obligation in a lease. Force majeure is described as an act that is beyond the control of either party, such as a natural disaster, terrorism, or pandemic.

Read 1 attorney answer>

Commercial Real Estate

Commercial Lease

Maryland

Asked on Apr 27, 2023

What are the notice requirements for terminating the lease?

I am a business owner who recently signed a commercial lease for a property. I am looking to terminate the lease but am unsure of the notice requirements I must adhere to in order to do so. I would like to know what the notice requirements are for terminating the lease so that I can ensure I do not breach the terms of the lease.

Michael C.

Answered Jun 1, 2023

The notice requirements for terminating a commercial lease in Maryland are going to vary depending on the specific terms of your lease agreement. Please read and refer to your lease. If your lease is month to month, then it's likely you'll have to provide at least 30 days notice. If your lease is for a longer term (6 to 12 months), it's likely you'll have to provide at least 90 days notice, and may need to pay damages for breach of the lease agreement.

Read 1 attorney answer>
See more legal questions…

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Commercial Lease?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,602 reviews
Real Estate lawyers by top cities
See All Texas Real Estate Lawyers
Texas Commercial Lease lawyers by city
See All Commercial Lease Lawyers

ContractsCounsel User

Recent Project:
Commercial Lease Review
Location: North Carolina
Turnaround: Less than a week
Service: Contract Review
Doc Type: Commercial Lease
Page Count: 53
Number of Bids: 11
Bid Range: $550 - $1,700

ContractsCounsel User

Recent Project:
Commercial Lease Review
Location: Texas
Turnaround: Less than a week
Service: Contract Review
Doc Type: Commercial Lease
Page Count: 24
Number of Bids: 2
Bid Range: $499 - $975

Need help with a Commercial Lease?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,602 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city