Texas Commercial Eviction Procedures: JP Forcible Detainer for Business Tenants

Commercial evictions in Texas follow the same Chapter 24 forcible detainer framework as residential, with one critical difference: the lease drives nearly everything. For DFW commercial landlords, commercial evictions run through the same JP courts as residential cases (one per county precinct), with the larger amount-in-controversy and more substantive tenant defenses typical of commercial work. The procedural rules are identical statewide, but the practical experience varies by precinct. Cure periods, notice requirements, default categories, and remedies are typically specified in the commercial lease, and Texas courts give substantial deference to those provisions. SB 38’s procedural changes (effective January 1, 2026) apply to commercial as well as residential evictions, but the underlying substantive analysis is fundamentally lease-driven. This guide explains the commercial eviction procedure step-by-step, the strategic decisions specific to commercial cases, and the documentation that protects landlords from default-judgment vacaturs and lease-defect dismissals.

The procedural framework: same as residential

Commercial evictions use the same Chapter 24 framework:

Step 1, Default analysis. Determine the default and the applicable cure period under the lease.

Step 2, Cure notice. Serve the lease-required cure notice on the tenant. The notice should specifically identify the default and the cure deadline.

Step 3, Wait for cure period to expire. The tenant has the contractual cure period to cure.

Step 4, Notice to vacate. After failure to cure, serve a § 24.005 notice to vacate. Three-day default, but the lease often specifies longer.

Step 5, Wait for notice period to expire. The tenant has the notice period to vacate voluntarily.

Step 6, File forcible detainer. File the petition in JP court for the precinct where the property is located.

Step 7, Citation and service. Five-business-day service window under SB 38.

Step 8, Trial. 10 to 21 days after filing under SB 38. Summary disposition possible if eligible.

Step 9, Judgment and waiting period. Six-day waiting period before writ.

Step 10, Writ of possession. Constable posts 24-hour notice and executes.

Total: 30 to 60 days for an uncontested case (longer than residential because of typical longer cure periods in commercial leases).

The two-notice structure: cure notice plus notice to vacate

Most commercial leases require a cure notice plus a notice to vacate, while most residential leases require only the notice to vacate (because residential cure periods are limited).

The cure notice:

• Identifies the specific default.
• Cites the lease provision creating the default and providing the cure period.
• States the cure deadline (typically 10 days after notice for monetary defaults, 30 days for non-monetary defaults).
• States the consequences if cure is not completed.
• Is signed by the landlord or authorized agent and delivered per the lease.

The notice to vacate:

• Comes after failed cure.
• Provides the § 24.005 notice (typically three days, longer if lease provides).
• States the basis for eviction and the deadline to vacate.
• Is signed and delivered per § 24.005.

Some leases combine the cure notice and notice to vacate into a single document, the “notice and demand for cure or surrender.” This is permissible if the document gives the tenant the cure period and the notice-to-vacate period in the proper order.

Common commercial default scenarios

Scenario 1: Unpaid rent. Tenant misses the monthly rent payment. Cure notice gives 10 days to pay. After failure, notice to vacate gives 3-10 days. After failure, file forcible detainer. Total: 25-40 days from rent miss to filing.

Scenario 2: Unpaid CAM, taxes, or other pass-through charges. Common in net-lease arrangements. Cure notice required as for unpaid rent. Often more disputed because CAM and tax calculations are complex.

Scenario 3: Lease violation (unauthorized use, signage violation, hours of operation). Longer cure period typically (30+ days). Cure may require ongoing landlord oversight to verify.

Scenario 4: Holdover at end of lease. Brief or no cure period. Notice to vacate proceeds directly. See the Commercial Holdover page.

Scenario 5: Tenant abandonment. Lease may have specific abandonment provisions. Re-take possession under the lease and pursue damages separately.

Scenario 6: Material default (insolvency, business failure, vacancy). Lease-specific. May trigger lease termination clauses with no cure right.

Why we tell commercial clients to lockout before they file

This is a strategic question that comes up on most commercial defaults, and our usual answer surprises clients: in most cases, do the § 93.002 lockout before you file the eviction, not after.

The reasoning is about leverage and timing. The eviction process runs at a particular speed: cure notice, notice to vacate, filing, trial within 10 to 21 days, six-day waiting period, writ. Even moving fast under SB 38, that’s 40 to 60 days from default to writ execution. During those 40 to 60 days, the tenant is still in possession, still operating the business, still using the space.

A § 93.002 lockout, by contrast, takes effect the day it’s done. The tenant arrives at the space, finds the new lock, sees the notice telling them where to get the new key during business hours and that the key will be provided only if it pays the delinquent rent, and the disruption is immediate. The leverage is in that disruption. Many commercial tenants who would otherwise dig in for a 60-day eviction fight will pay the delinquent rent or negotiate a surrender within a week of the lockout, because every day they’re not in the space costs their business real money.

There are situations where lockout is the wrong move first. Tenants with counterclaim leverage. Tenants whose operations have already wound down. Tenants we expect to file bankruptcy. In those situations, eviction is the right path and lockout adds noise without leverage.

But for the routine commercial default with a tenant that’s still operating and has business reasons to stay, the lockout-first approach typically resolves the case faster and cheaper than filing eviction would. The eviction case is the backup plan, not the primary tool.

The procedural requirements of § 93.002 have to be observed exactly: written notice posted on the door, the new key made available during the tenant’s regular business hours and only if the tenant pays the delinquent rent (§ 93.002(f)), no other steps to restrict access. Those mechanics are covered on the Chapter 93 page. But on the strategic question of when to use it, the answer is usually “first, not last.”

SB 38’s commercial implications

SB 38 applies to commercial as well as residential evictions, with several specific implications for commercial cases:

Five-business-day service window. Commercial petitions must be served within five business days after the petition is filed (§ 24.0051(f)). The shorter window can be challenging in commercial cases where the tenant entity may have complicated service requirements.

10 to 21 day trial setting. Same as residential. Commercial trials typically need preparation time for documentary evidence (lease, ledger, correspondence) and potentially expert testimony (CAM calculations, market rent comparisons).

Summary disposition. Available for unauthorized-occupancy and forcible-entry cases. Whether SB 38 summary disposition also reaches a lawful-entry commercial holdover is unsettled; the safer reading limits it to unauthorized-occupancy and forcible-entry situations and does not assume it is available merely because a lease end is undisputed. Where possession is contested on that basis, plan for a standard trial setting rather than summary disposition.

JP counterclaim bar. Commercial tenants cannot raise counterclaims in JP court. Tenant counterclaims (e.g., habitability-equivalent commercial claims, breach of quiet enjoyment, constructive eviction) must be raised in separate higher-court actions.

Federal floor preservation. Most commercial tenants don’t have federal protections like CARES Act, but commercial properties with federal financing may have specific federal requirements.

Common commercial defenses

Habitability-like defenses. Texas commercial tenants don’t have a statutory habitability remedy, but common-law breach of contract claims based on the lease’s representations about the property may apply. The defense rarely defeats commercial eviction but can support counterclaims in higher courts.

Constructive eviction. The tenant claims the landlord’s actions (or inactions) made the property unusable, justifying lease termination. Hard to prove but possible in extreme cases.

Lease defect or ambiguity. The tenant claims the lease’s default provision is defective or ambiguous, defeating the cure notice. Lease drafting quality matters here.

Improper notice. The tenant claims the cure notice or notice to vacate was procedurally defective. Common defense; documentation of notice delivery is critical.

Anticipatory waiver. The tenant claims the landlord’s prior conduct (years of accepting late rent without complaint) constitutes waiver of the late-payment default. Anti-waiver clauses in modern leases address this defense.

Improper venue or jurisdiction. JP court has jurisdiction; arguments to the contrary are usually meritless but occasionally raised.

Damages claims in commercial eviction

The JP money judgment in a commercial eviction can include:

• Unpaid rent through the eviction date.
• Late fees as the lease provides.
• CAM charges, taxes, and other pass-through amounts.
• Attorney’s fees if the lease provides.
• Court costs.

Damages beyond the JP judgment can be pursued in separate actions:

• Lost rent through the remainder of the term (subject to mitigation).
• Property damage beyond normal wear and tear.
• Out-of-pocket make-ready costs.
• Lost income from prospective replacement tenants.
• Acceleration claims (subject to mitigation).

For commercial cases, the damages claim often dwarfs the unpaid-rent amount captured in the JP judgment. Sophisticated commercial landlords typically pursue both the JP eviction and the separate damages claim.

Special commercial issues

Bankruptcy interaction. Commercial tenant bankruptcy is more common than residential. The automatic stay (11 U.S.C. § 362) applies. Section 365 governs assumption or rejection of the lease. See the Bankrupt Tenants page.

Commercial landlord’s lien. Texas Property Code § 54.021 creates a statutory commercial landlord’s lien that arises automatically. The lien procedure under §§ 54.044–.048 is available for enforcement against tenant property at the leased premises.

Lockout under § 93.002. Commercial landlords can lock out commercial tenants for unpaid rent, with strict procedural compliance (the new key must be provided during regular business hours and only if the tenant pays the delinquent rent, § 93.002(f)). Useful in some commercial situations as an alternative to or in conjunction with eviction.

Multi-tenant property dynamics. In multi-tenant commercial properties (shopping centers, office buildings), an eviction affects neighboring tenants. Coordination matters.

Build-out and improvement issues. Commercial tenants often invest substantially in build-out and improvements. The lease’s provisions on improvements at termination affect both eviction strategy and damages claims.

Subordination, non-disturbance, and attornment (SNDA). Commercial leases often have SNDA agreements with the landlord’s lender. These can affect what happens to the lease in foreclosure scenarios.

How we approach these matters

Negotiate before filing. Commercial tenants and landlords often have ongoing business relationships. A negotiated resolution (forbearance, lease modification, agreed surrender) often produces better economics than litigation.

Consider lockout vs eviction. Section 93.002 lockout is fast and tactical; eviction is the formal process. Lockouts can be combined with eviction filings to apply maximum pressure.

Pursue damages claims separately. The JP judgment captures only unpaid rent and contractual fees. Damages beyond rent (lost future rent, property damage, business losses) require separate filings, often in higher courts.

Document everything. Commercial cases tend to be more documented than residential, with sophisticated tenants raising procedural defenses. Document delivery, document content, and document timing all matter.

Coordinate with property manager. The property manager often has the most current information about the tenant’s behavior. Coordinate evidence gathering and strategy.

Consider tenant solvency. A commercial tenant in financial distress may file bankruptcy at any time. Speed of action matters before bankruptcy. After bankruptcy, the automatic stay limits options significantly.