What a Texas commercial lease agreement is for
Texas leaves most of a commercial tenancy to the lease, and Texas courts tend to enforce leases as written. That makes the drafting decisive. A few statutes still apply whatever the lease says: a commercial landlord can change the locks for unpaid rent but must follow a specific posting procedure, must refund a security deposit within 60 days with an itemized list, has a statutory lien on the tenant's property that expires for old arrears unless filed, and cannot waive its duty to relet after a tenant abandons. Texas contract law adds traps of its own: an indemnity that covers the other side's negligence must say so expressly and conspicuously, a waiver of the implied warranty of suitability must be clear, and a DTPA waiver has formal requirements.
This template is a full Texas commercial lease for office, retail, flex and warehouse space. It covers the lease summary, premises and condition, term and renewal, rent, triple net costs with exclusions and audit rights, the security deposit, use and accessibility, utilities, repairs, alterations and liens, insurance and indemnity, casualty and condemnation, transfers, default and the lockout procedure, holdover and general terms. Exhibits provide the legal description, a rent schedule with a market rent method, a work letter, rules and a guaranty.
When to use it
Use it to lease a suite in a multi-tenant office or retail building, a flex or warehouse bay, or a freestanding commercial building in Texas, for a term of one to ten years. It works for owners without access to the members-only Texas REALTORS forms, and for tenants who want to compare a landlord's lease against a fair, Texas-specific draft.
It is not built for ground leases, regional mall leases with percentage rent, oil and gas or agricultural leases, or residential property, which follow Chapter 92 of the Property Code.
What's inside
The full list of sections and fields in this template, in the order they appear.
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Lease summary and premises
- Property and suite
- Pro Rata Share
- Term
- Base Rent
- Lease type
- NNN estimate
- Deposit
- Use
- Guarantor
- As-is acceptance
- Suitability warranty waiver
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Term and rent
- Commencement and delay
- Renewal option
- Monthly Base Rent
- Late charge
- Usury savings
- No sales tax on rent
-
NNN costs
- Taxes and protest refunds
- Insurance with windstorm deductible
- CAM costs and exclusions
- Reconciliation
- Audit
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Deposit, use and services
- 60-day refund with itemized list
- Normal wear and tear
- Compliance
- ADA and TDLR
- Hazardous materials
- Utilities and grid events
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Repairs, alterations and liens
- Landlord and Tenant repairs
- HVAC service contract
- Freeze protection
- Consent to alterations
- No lien on Landlord's interest
-
Insurance, indemnity and casualty
- Tenant coverages or non-subscriber
- Landlord coverages
- Waiver of subrogation
- Conspicuous indemnity
- Restoration and termination
- Condemnation
-
Transfers and default
- Consent not unreasonably withheld
- Events of default
- Remedies
- Duty to mitigate
- Section 93.002 lockout notice
- S.B. 38 notice delivery
- Landlord's lien and security interest
-
Holdover and general terms
- Holdover rent
- Month-to-month notice
- SNDA and estoppel
- Access
- DTPA waiver
- Attorney's fees
- Force majeure
- Brokers
- Venue
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Exhibits A to E
- Legal description and plan
- Rent schedule and market rent method
- Work letter
- Rules
- Guaranty
-
Lease Checklist
- 10 checks before signing
Preview pages
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Page 1 -
Page 2 -
Page 3
How to complete the lease
- Fill in the lease summary. Names as registered with the Secretary of State, suite and square footage, Pro Rata Share, term, rent, lease type, deposit, use and guarantor.
- Choose the lease type. NNN, modified gross with a base year, or gross; keep the CAM exclusions and audit right.
- Complete the rent schedule. Fill in Exhibit B, any abated months, and the renewal market rent method.
- Decide the condition terms. Keep or negotiate the as-is acceptance and the suitability waiver, with Landlord's express warranties.
- Set repair and HVAC responsibilities. Including freeze procedures.
- Set insurance limits. State workers' compensation coverage or non-subscriber status.
- Review default and lockout terms. Confirm the lockout notice procedure and whether email delivery of notices to vacate is agreed.
- Decide on the DTPA waiver. Use it only if the tenant has its own lawyer, and name the lawyer.
- Sign the lease and guaranty. Then collect insurance certificates and complete the work letter.
Example: a flex space in Houston
A fictional landlord, Bayou Gate Industrial LP, leases a 4,000-square-foot flex suite in a 40,000-square-foot park in Houston to Lone Star HVAC Supply LLC on a five-year NNN lease starting January 1, 2026.
Pro Rata Share: 4,000 ÷ 40,000 = 10%. Base Rent, year 1: $14.00 per square foot = $56,000 a year, $4,666.67 a month, rising 3% a year. NNN estimate: taxes $3.10, insurance $0.95, CAM $1.45 = $5.50 per square foot, $1,833.33 a month. Tax protest: Bayou Gate wins a $40,000 reduction in the 2026 appraisal-based tax; Lone Star's 10% share of the refund, less protest costs, is credited in the reconciliation. Lockout: if February's rent is unpaid, Bayou Gate may change the locks, posting a notice on the front door naming its property manager and phone number for the new key during business hours. Move-out: Lone Star surrenders on December 31, 2030 and gives a forwarding address; the deposit and itemized list are due by March 1, 2031.
Texas rules to know
- Lockouts (Property Code section 93.002). Allowed for delinquent rent, with a front-door notice saying where to get the new key.
- Security deposits (sections 93.005 to 93.012). Refund within 60 days with an itemized list; no deduction for normal wear and tear; bad faith penalties.
- Landlord's lien (sections 54.021 and 54.022). On the tenant's property for current and next 12 months' rent; a lien statement is needed for rent more than six months past due.
- Duty to mitigate (section 91.006). Cannot be waived.
- Subletting (section 91.005). Not allowed without consent; the lease sets the standard.
- Notice to vacate (section 24.005). For suits filed on or after January 1, 2026, delivery only by the four methods S.B. 38 allows.
- Implied warranty of suitability. Exists unless specifically waived (Davidow).
- Indemnities. Must expressly and conspicuously cover the indemnitee's own negligence (express negligence doctrine).
Lease mistakes Texas landlords and tenants make
Texas commercial disputes often turn on a clause that looked routine. A landlord changes the locks but tapes no notice to the door, and owes the tenant damages and fees. A deposit is held for 90 days with no itemized list. An indemnity meant to protect the landlord from its own negligence is buried in small type and fails the conspicuousness test. A tenant signs an "as is" clause without realizing it gave up the implied warranty of suitability, then finds the HVAC cannot cool the space. A lease says nothing about tax protest refunds, so the landlord keeps the savings. The lockout, deposit, indemnity, condition and tax sections here are written to avoid each of those outcomes.
Frequently asked questions
Can a commercial landlord lock out a tenant in Texas?
Yes, for unpaid rent. Section 93.002 of the Property Code lets a commercial landlord change the locks if the tenant is delinquent, but it must post a notice on the front door saying who has the new key and how to get it during the tenant's business hours. A landlord that gets the procedure wrong can owe actual damages, a month's rent plus $500, and attorney's fees.
How long does a Texas commercial landlord have to return a security deposit?
Sixty days after the tenant surrenders the premises, with a written, itemized list of any deductions (section 93.005). The landlord cannot deduct for normal wear and tear, and bad faith retention can cost $100 plus three times the amount wrongfully withheld and attorney's fees.
What is a triple net lease in Texas?
A lease where the tenant pays its share of the property's taxes, insurance and common area maintenance on top of base rent. In Texas, the property tax share is often the largest item, so a clause passing through tax protest refunds matters.
Does a Texas commercial landlord have a lien on the tenant's property?
Yes. A building landlord has a statutory lien on the tenant's property in the building for rent due and for rent due in the next 12 months (section 54.021), but it cannot enforce it for rent more than six months past due unless it files a lien statement. Most leases add a contractual security interest as well.
Can a commercial lease waive the landlord's duty to mitigate in Texas?
No. Section 91.006 of the Property Code requires a landlord to mitigate damages when a tenant abandons the premises in breach of the lease, and any lease provision that waives that duty is void.
