USA - TEXAS Law and Practice Contributed by: Brad Holdbrook, Mary Mendoza, Michael Coleman and James Barnett, Haynes and Boone, LLP
Landlord’s Right to Terminate Landlords may terminate the lease due to lease violations by the tenant, such as non-payment of rent or engaging in prohibited activities. The eviction process is formal and requires court involvement if the tenant disputes the termina - tion. Health Reasons Landlords are required to consider tenant health issues reasonably, which might include allowing early termination if the home poses a health risk to the tenant. 6.20 Registration Requirements In Texas, leases and rental agreements are subject to specific state regulations but don’t generally require formal registration with govern - ment authorities for validity. These agreements are binding contracts between landlords and tenants, detailing the conditions under which a property may be occupied. For residential leas - es, Texas law mandates certain disclosures such as the landlord’s name and address, parking and towing rules, lead-based paint disclosures for older properties, and rights related to repairs. 6.21 Forced Eviction In Texas, a tenant can be forced to leave (evicted) prior to the originally agreed date in the event of default (beyond any applicable cure and notice periods), such as failing to pay rent or violat - ing lease terms. The eviction process typically unfolds over several steps and can take any - where from 23 to 30 days if no appeal is filed, but the duration may vary depending on whether the eviction is contested, the days courts are in session, and other potential delays. The process starts with the landlord serving a three-day notice to vacate, followed by filing an eviction suit if the tenant does not comply.
The tenant is then served with a citation, and a court hearing is scheduled within six to ten days after the citation is served. If the court rules in favour of the landlord, a writ of possession can be issued, allowing for the eviction to be exe - cuted by a constable. The timeline from serving the initial notice to vacate to executing the writ of possession and forcibly removing the tenant can span one to three months, depending on various factors. 6.22 Termination by a Third Party A lease may be terminated by the governmental or quasi-governmental entity through eminent domain (condemnation). See 2.9 Condemna- tion, Expropriation, or Compulsory Purchase . 6.23 Remedies/Damages for Breach In Texas, landlords can pursue damages for breach of lease, including unpaid rent and costs for property damage. Texas law requires land - lords to mitigate damages by attempting to re- lease the property. Security deposits are typi - cally held in cash or as a letter of credit to cover potential damages or unpaid rent. Landlords typically require security deposits to cover potential damages or unpaid rent, often held in cash or as a letter of credit. The form and conditions for holding and returning these deposits are usually dictated by state law and specified within the lease agreement. 7. Construction 7.1 Common Structures Used to Price Construction Projects Common pricing structures for construction pro - jects in Texas include fixed price and cost-plus contracts. A fixed price contract sets a specific, agreed-upon amount for the entire project, pro -
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