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landlord may wish to terminate the by the abandoned tenant. Then, the Court sent the issue regarding the
lease or possession or other options. landlord must send notice of disposal removing the property back down
The landlord may wish to take certain via certified mail to the commercial to the trial court to assess damages
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actions previously allowed under tenant that after the expiration of against the landlord.
common law which include: terminate sixty days, the landlord may dispose Luckily for the landlord, the
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the lease, terminate the tenant’s right of the property Court confirmed the trial court’s
to possession, or maintain the lease decision that landlord was entitled to
and sue for rent as it becomes due, What if the Landlord does it possession due to the tenant’s rental
which can include abandonment or wrong? default. Regaining possession of
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failure to pay rent. If the landlord removes the commercial tenant’s premises is not
The landlord should also property, and the tenant had not as straightforward and simple as one
investigate if other statutory notices abandoned the premises then, the might believe. In fact, even with the
are warranted as well. These are often tenant is entitled to damages from guidance of the lease and the Texas
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notices of termination depending upon the landlord. Those damages can Property Code, there are many pitfalls
which avenue the landlord chooses. 5 amount to $500.00 or one month rent, for the landlord. Landlords should
whichever is greater and attorneys’ seek legal advice from their attorney
How does it work? fees, court costs, and damages. of choice to ensure following the
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A landlord may lock out a Additionally, if a landlord violates correct procedures and to prevent
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delinquent commercial tenant by part of this section then, the tenant owing the tenant money. N
doing the following: First, a landlord may terminate the lease or recover
must post a notice on the door with a possession. Angeline Vachris Kell is an
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name, address, or telephone number The Court of Appeals investigated Attorney at HooverSlovacek LLP.
of the person or company who can these issues in Sky Interests Corp. She received her J. D. from South
be called to obtain a new key. Second, v. Moisdon. Moisdon rented the Texas College of Law and a Bachelor
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the landlord must provide a new key premises from Sky Interests for a of Arts with a major in Spanish from
during tenant’s business hours, if the restaurant. However, about six the University of Texas. Mrs. Kell is
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tenant pays the delinquent rent. months into the lease, Moisden failed the Volunteering and Community
to pay rent on time, and owed late Outreach Chair of the Hon. Arthur
Commercial Tenant’s Property fees on the 11th of the month. Sky L. Moller/David B. Foltz, Jr.
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A commercial landlord may not Interests locked Moisden out on the American Inn of Court. Information
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remove the commercial tenant’s 21st of the month. about Mrs. Kell is available https://
property unless the commercial tenant Unfortunately, Sky Interests hooverslovacek.com/attorneys/
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has abandoned the premises. If the removed the property from the angeline-angie-kell/. Mrs. Kell
commercial tenant has abandoned the premises and sold it without may be contacted by email at
premises, the landlord must adhere to notifying Moisdon. Further, Mosidon kell@hooverslovacek.com.
specific guidelines. The landlord must had never abandoned the premises.
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store the property that has been left Which meant that the Appeals Endnotes
1 Coinmach Corp. v. Aspenwood Apartment

Corp., 417 S.W.3d 909, 919 (Tex. 2013).
2 Tex. Prop. Code § 93.002(c ).

Generally, a landlord is 3 Austin Hill Country Realty, Inc. v. Palisades
Plaza, Inc., 948 S.W.2d 293, 299-300 (Tex.
1997)
prohibited from locking 4 Tex. Prop. Code § 91.001 (a)- (e).
5 Tex. Prop. Code § 91.001 (a)- (e).
6 Tex. Prop. Code § 93.002(f).
out a tenant. However, a 7 Tex. Prop. Code § 93.002(e).
8 Id.
9 Tex. Prop. Code § 93.002(h).
commercial landlord may 10 Tex. Prop. Code § 93.002(g).
11 Id.
lock out a commercial 12 Tex. Prop. Code § 93.002(g)(1).
13 Sky Interests Corp. v. Moisdon, No. 05-18-
00160-CV, 2019 Tex. App. LEXIS 6513, 2019
WL 3423279, at *5 (Tex. App.—Dallas July 30,
tenant under certain 14 Id.
2019, no pet.) (mem. op.).
circumstances. 15 Id.
16 Id.
17 Id.
18 Tex. Prop. Code § 93.002(g).
19 Moisdon, at *5
20 This article is not legal advice.

14 NBIZ ■ October 2023