Commercial Evictions in Texas: How They Differ from Residential

Commercial evictions in Texas follow many of the same basic steps as residential evictions — notice, filing, hearing, judgment — but the details differ significantly. Understanding these differences is critical for commercial landlords seeking to reclaim their property.

The most important difference is that commercial leases are governed primarily by the terms of the lease itself, with far fewer statutory protections for tenants. Residential tenants benefit from extensive consumer protection laws; commercial tenants are generally expected to negotiate their own protections in the lease.

Notice requirements for commercial evictions depend almost entirely on what the lease specifies. While residential evictions default to 3 days under Texas Property Code §24.005, commercial leases often require 30, 60, or even 90 days' notice. Always check your lease before proceeding.

Commercial eviction cases often involve larger amounts of money — unpaid rent, CAM charges, property damage, and lost business opportunity. Landlords can pursue these damages alongside the eviction, but the higher stakes mean tenants are more likely to hire attorneys and contest the case aggressively.

Lockout provisions in commercial leases are different from residential. Under Texas Property Code §93.002, commercial landlords may have the right to change locks under certain conditions if the lease allows it — a remedy that is strictly prohibited in residential evictions.

The timeline for commercial evictions can be longer due to the complexity of the cases, the involvement of attorneys on both sides, and the potential for counterclaims such as breach of contract or failure to maintain the property.

Holdover tenants — commercial tenants who remain after their lease expires — present unique challenges. Some leases include holdover penalties (such as double rent), while others automatically convert to month-to-month tenancies. The lease language controls the outcome.

NTX Eviction handles commercial evictions throughout North Texas. Our Texas eviction services cover both residential and commercial properties. Whether you're dealing with a defaulting retail tenant or a holdover office tenant, we have the experience to navigate the complexities. Call 214-206-4229.