Landlord Remedies When a Commercial Tenant Defaults: Eviction, Lockouts, and Rent Recovery in Texas

By Hank FasthoffJuly 5, 2026

When a commercial tenant stops paying rent, the landlord's response determines how much of the lost rent can be recovered and how quickly the space can be returned to productive use. Texas provides commercial landlords a set of remedies that most other states don't, including the right to change the locks on a delinquent tenant's space without going to court first. But each remedy carries procedural requirements, and choosing the wrong one or executing it improperly can expose the landlord to liability, reduce the amount of rent recoverable, or give the tenant grounds to reclaim possession.

The Self-Help Lockout

Texas is one of the few states that permits a commercial landlord to lock out a tenant without obtaining a court order first. Under Texas Property Code § 93.002(c), a landlord may prevent a commercial tenant from entering the leased premises by changing the door locks if the tenant is delinquent in paying at least part of the rent.

This remedy is available only for rent delinquency. A landlord can't lock out a commercial tenant for nonmonetary defaults (violating a use restriction, failing to maintain insurance, or breaching an exclusivity covenant, for example). If the default is nonmonetary, the landlord must pursue judicial remedies.

When changing the locks, the landlord must simultaneously post a written notice on the tenant's front door stating the name and address or telephone number of the individual or company from which a new key may be obtained. § 93.002(f). A new key must be provided during the tenant's regular business hours, but only if the tenant pays the delinquent rent. If the tenant pays, the landlord must provide access. If the tenant doesn't pay, the lockout continues.

Before executing a lockout, the landlord must comply with all contractual notice and cure requirements in the lease. Most commercial leases require written notice of default and a specified cure period (typically five to 10 days for monetary defaults) before the landlord can exercise remedies. A lockout executed before the contractual cure period expires may violate the lease and expose the landlord to damages.

A landlord who violates § 93.002 faces significant consequences. Under § 93.002(g), an improperly locked-out tenant may recover possession of the premises through a writ of reentry, terminate the lease, and recover actual damages plus one month's rent or $500 (whichever is greater), reasonable attorney's fees, and court costs.

One critical distinction separates commercial and residential tenancies in Texas. Self-help lockouts are permitted for commercial tenants under Chapter 93 but are flatly prohibited for residential tenants under Chapter 92. A landlord who locks out a residential tenant faces criminal penalties. Make sure you're dealing with a commercial tenancy before executing a lockout.

Section 93.002(h) provides that the lease supersedes the statute to the extent of any conflict. If the lease grants the landlord broader lockout rights than the statute or imposes different procedures, the lease controls. If the lease restricts the landlord's lockout rights more narrowly than the statute, those restrictions apply.

What a Landlord Can't Do

Even during a lawful lockout, a commercial landlord can't interrupt or cause the interruption of the tenant's utility service (water, gas, electric, or wastewater). § 93.002(a). A landlord can't remove the tenant's doors, windows, or other fixtures. § 93.002(b). And a landlord can't remove the tenant's personal property from the premises during the lockout. The lockout is a restriction on access, not a seizure of property.

Forcible Detainer (Judicial Eviction)

If a lockout isn't appropriate (the default is nonmonetary, the lease restricts lockouts, or the landlord prefers a judicial remedy), the landlord can file a forcible detainer action (eviction suit) in the justice court in the precinct where the property is located. Texas Property Code Chapter 24 governs the eviction process.

Before filing, the landlord must serve a written notice to vacate giving the tenant at least three days to vacate the premises, unless the lease specifies a different notice period. § 24.005. If the tenant doesn't vacate after the notice period expires, the landlord files the forcible detainer petition.

At the hearing, the landlord must prove that the tenant is in default under the lease, that proper notice was provided, and that the tenant failed to vacate. If the court rules for the landlord, a writ of possession is issued authorizing the constable to remove the tenant from the premises.

Either party can appeal a justice court eviction judgment to county court by filing the appeal within five calendar days (including weekends and holidays) of the judgment. An appealing tenant typically must post an appeal bond or pay rent into the court registry during the appeal.

Forcible detainer is a summary proceeding focused solely on the right to possession. It doesn't resolve disputes over the amount of rent owed, damages for breach of lease, or other monetary claims. Those claims are pursued in a separate lawsuit in district court.

The Statutory Landlord's Lien

Texas Property Code Chapter 54 provides commercial landlords a lien on the tenant's non-exempt personal property, equipment, fixtures, and inventory located inside the leased premises. § 54.021. This lien secures unpaid rent and attaches automatically. No filing is required to create it.

If the landlord believes the tenant may remove or liquidate assets before a judgment can be obtained, the landlord can apply for a distress warrant from the court. A distress warrant authorizes law enforcement to seize and secure the tenant's property inside the space, preserving those assets until a foreclosure judgment can be obtained to satisfy the landlord's rent claim.

Most commercial leases expand and clarify the statutory lien rights beyond what Chapter 54 provides. A well-drafted lease specifies the types of property subject to the lien, grants the landlord a security interest in the tenant's personal property (which can be perfected under the UCC by filing a financing statement), and establishes procedures for the landlord to exercise lien rights.

Enforcing a landlord's lien, including seizure and sale of the tenant's property, is a technical process that requires strict compliance with statutory and contractual procedures. An improper seizure can give rise to claims for conversion and wrongful seizure of property.

Suit for Rent and Acceleration

A landlord can file suit in district court for past-due rent, additional rent (NNN charges, CAM, taxes, and insurance), late fees, default interest, attorney's fees (if the lease provides for them), and any other damages arising from the tenant's breach.

Many commercial leases include an acceleration clause that makes the entire remaining rent for the balance of the lease term immediately due upon default. On a five-year lease with three years remaining at $10,000 per month, acceleration makes $360,000 due immediately rather than requiring the landlord to sue month by month as each installment comes due.

Acceleration clauses are generally enforceable in Texas, but they interact with the landlord's duty to mitigate damages (discussed below). A landlord who accelerates the full remaining rent but makes no effort to relet the space may find the accelerated amount reduced by the amount a replacement tenant would have paid.

Terminating the Lease Versus Terminating Possession

How the landlord characterizes the termination after a default has significant consequences for rent recovery.

If the landlord terminates the lease itself (declares the lease forfeited and accepts the tenant's surrender), the tenant's obligation to pay future rent may be extinguished. Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc., 948 S.W.2d 293, 300 (Tex. 1997). Once the lease is terminated, the tenant owes only the rent accrued through the termination date, not the rent for the remaining term.

If the landlord terminates the tenant's right of possession but doesn't terminate the lease, the tenant remains liable for rent through the end of the lease term, subject to the landlord's duty to mitigate. This approach preserves the landlord's claim to future rent while allowing the landlord to retake and relet the space.

Draft the lease to allow the landlord to repossess the premises without terminating the lease, and include a reletting provision that authorizes the landlord to relet the space on the defaulting tenant's behalf and recover any deficiency (the difference between the lease rent and the reletting rent) from the defaulting tenant.

Duty to Mitigate Damages

Under Texas Property Code § 91.006, a landlord has a duty to mitigate damages when a tenant defaults and vacates. Mitigation requires the landlord to use objectively reasonable efforts to find a replacement tenant that's suitable under the circumstances. A landlord doesn't have to accept any willing tenant, but the landlord can't leave the space vacant and collect full rent from the defaulting tenant for the balance of the lease term.

In Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc., the Texas Supreme Court confirmed that the duty to mitigate applies to commercial leases and that a lease provision purporting to waive the duty to mitigate is void. § 91.006. A landlord who fails to make reasonable reletting efforts may see the defaulting tenant's rent obligation reduced by the amount that could have been recovered through mitigation.

From a practical standpoint, mitigation means listing the space with a broker, showing it to prospective tenants, and documenting every step of the process. If the space stays vacant for a year and the landlord never listed it, a court will reduce the rent recovery. If the space stays vacant for a year despite the landlord's diligent marketing, the defaulting tenant owes the full amount.

Drafting the Lease to Preserve Remedies

Every remedy described above depends on what the lease provides. A well-drafted commercial lease should include a defined list of events of default (nonpayment, monetary defaults, nonmonetary defaults, bankruptcy, abandonment), notice and cure periods for each type of default (shorter for monetary, longer for nonmonetary, none for bankruptcy), a lockout provision that incorporates or expands upon § 93.002, acceleration of rent upon default with a reletting offset, a landlord's lien on tenant's personal property with UCC security interest language, a reletting provision authorizing the landlord to relet on the tenant's account and recover the deficiency, an attorney's fees provision making the defaulting tenant responsible for the landlord's enforcement costs, and a survival clause providing that the tenant's obligations under the lease survive termination of the tenant's right of possession.

Without these provisions, the landlord's remedies are limited to what the statute provides, which may be narrower than what the circumstances require. With them, the landlord has a contractual framework that maximizes recovery and minimizes the risk of procedural missteps.