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Texas Business Law · Glossary

Commercial Lease

A contract by which a property owner grants a tenant the right to use specified real property for commercial purposes for a defined term in exchange for rent. Governed by Texas common law and specific statutory provisions, distinct from the more heavily-regulated residential framework.

A commercial lease is a contract by which a property owner (the "landlord" or "lessor") grants a tenant (the "lessee") the right to use specified real property for commercial purposes for a defined term in exchange for rent. Commercial leases are governed by Texas common law and specific statutory provisions, distinct from the more heavily-regulated framework applicable to residential tenancies.

Lease structures

Gross lease: tenant pays a fixed rent; landlord pays operating expenses, taxes, insurance, and maintenance.

Net lease: tenant pays base rent plus some operating expenses. Variations: single-net (tenant pays property taxes), double-net (tenant pays taxes and insurance), triple-net (tenant pays taxes, insurance, and maintenance, common in retail and industrial).

Modified gross / modified net: hybrid structures specifying which expenses are tenant- vs landlord-paid.

Key commercial-lease provisions

(1) Premises description and use restrictions; (2) base rent and rent escalations (CPI, fixed bumps, market resets); (3) common-area maintenance (CAM) charges and reconciliation; (4) operating expense pass-throughs and audit rights; (5) tenant improvements and allowance; (6) renewal options; (7) assignment and subletting restrictions; (8) default and remedies; (9) personal guaranty (typical for closely-held tenants).

Texas-specific considerations

Texas does not regulate commercial rent, and commercial leases are largely freedom-of-contract documents. Some statutory rules still apply, including limits on lockouts and utility interruptions (Tex. Prop. Code § 93.002), security-deposit rules (§§ 93.004-93.011) and a landlord's duty to mitigate that a lease cannot waive (§ 91.006). The Texas landlord's lien (Tex. Prop. Code § 54.021) gives a landlord of a building leased for nonresidential use a preference lien on the tenant's property in the building for rent due and rent to become due during the current 12-month period, supplementing contractual remedies. The lien is unenforceable for rent more than six months past due unless the landlord files a verified lien statement (§ 54.022). Termination of a commercial lease generally follows the lease's notice provisions. Where there is no fixed term, the statutory month-to-month notice rule in Tex. Prop. Code § 91.001 applies to commercial and residential tenancies alike unless the parties have agreed otherwise in an instrument signed by both.

Practical context

Commercial-lease negotiation focuses on (1) operating expense and pass-through definitions (CAM caps, exclusions); (2) tenant improvements and landlord work obligations; (3) renewal and termination options; (4) personal guaranty scope and duration. Sophisticated tenant-side practice involves audit rights, exclusive-use protections, and clear assignment/subletting carve-outs for affiliates and successors.

Companion article: Commercial Leases in Texas

Practice guide: Commercial Lease Review in Texas

Related Terms
Statute of Frauds· Guaranty Agreement· Constructive Eviction· Notice to Vacate· Personal Guarantee
Referenced by
Commercial Real Estate Purchase Agreement· Letter of Credit· Right of First Refusal (ROFR)· Tenant Estoppel Certificate
Last updated: October 9, 2026