A missed commercial rent payment can leave you covering property costs without the income you expected. As the balance grows, you may wonder when you can regain the space.
If you lease business space, knowing the required procedure can help you protect your right to possession and avoid delays caused by a defective notice.
Eviction generally requires notice and a court order
You can evict a commercial tenant for unpaid rent in Texas, but you need to follow the lease and court process. Review the lease’s payment deadlines, default terms and time to correct the breach. It may impose an additional contractual notice obligation before you end the tenancy.
After meeting that requirement, you must prepare a proper written notice to vacate. Key notice requirements include:
- Clear demand for possession: The notice should plainly direct the tenant to leave the premises. A request for overdue rent alone might not satisfy this requirement.
- Correct deadline: It generally must give the tenant at least three days to vacate. However, the written lease can provide a shorter or longer period.
- Permitted delivery method: You can deliver the document in person or send it by regular, registered or certified mail. Additional delivery rules may apply if you cannot enter safely.
- Proper delivery location: A mailed notice should go to the leased premises. You can generally deliver it personally to the tenant or an authorized person there.
Once the period expires, you can file an eviction case in the justice court precinct where the property sits. A commercial lockout offers a separate remedy and cannot replace a judgment awarding possession.
The state’s lockout rules generally allow you to change the locks when the tenant owes at least part of the rent. You need to post a front-door notice that explains where or from whom the tenant can obtain a new key. The law requires you to provide it during regular business hours after full payment of the overdue amount.
An appeal can reopen the dispute
A tenant may appeal within five days after the justice court signs its judgment. The tenant must file a bond, cash deposit or sworn statement of inability to pay. The county court then hears the case again, which can delay recovery.
During that new hearing, the tenant may raise defenses on the agreement and your records. For example, the tenant could claim that no default occurred, you accepted a late payment or the notice provided too little time. Other arguments might challenge delivery, termination or your right to possession. Documentary evidence, including payment records and correspondence, can support your response.
How you can protect your right to possession
A successful case often depends on accurate records and compliance with both the contract and eviction rules. Even proof of unpaid rent alone may not overcome a procedural defect.
Legal guidance can help you comply with the notice requirements and respond to a tenant’s appeal. An attorney may also explain the different purposes of eviction, a lockout and an unpaid-rent claim.