COVID-19 highlights need for commercial lease protection

If you are one of the many Texas business owners forced to close your business and are now dusting off your commercial lease to review the terms, you are not alone. We are in uncharted territory and you are now forced to try and understand your options for ensuring your business survives. Some business owners are finding out they signed complicated and/or restrictive leases in good faith only to discover they are now stuck - or it appears that way. While we hope business owners will seek legal advice prior to signing a commercial lease in the future, you may have options to remedy your current situation. 

For instance, while state-level emergency tenant protections currently protect residential leases, local protections may exist for your business. Additionally, your lease terms may be unreasonable under Texas law and your landlord's actions may be unlawful. Your instinct may be to search for solutions on the internet but be cautious. Much of the information online relates to residential leases which are governed by Texas statutes; whereas commercial leases are primarily governed by case law (common law). Where statutes can be looked up easily, common law is nuanced and requires a careful analysis of court decisions along with the terms of your lease and your individual circumstances. Further, as laws continue to evolve and remedies hopefully become available, it is important to have an advocate you can trust.

If you are facing any actions such as a lockout, eviction, fees for late payments, or any other action detrimental to your business, please complete this form to schedule a consultation.