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TXR 2101 — Commercial Lease

The TXR Commercial Lease is the primary Texas Realtors form for leasing commercial real property. It covers all essential lease terms including parties, premises description, term, rent structure (base rent plus expense reimbursements), security deposit, taxes, utilities, insurance, use restrictions

Source: TXR
Form Number: 2101
Category: Other
Revised: July 8, 2022

Used For

Commercial Sales, Residential Leases

Form Outline

The TXR 2101 form is organized into the following sections:

  1. Parties
    Names the landlord and tenant who are entering into this commercial lease agreement.
  2. Leased Premises
    Identifies and describes the commercial space being leased, distinguishing between multi-tenant (suite within a building) and single-tenant (entire property) scenarios.
  3. Term
    Establishes the lease duration, start and end dates, and provisions for delayed occupancy and certificate of occupancy responsibility.
  4. Rent and Expenses
    Establishes all rent obligations including base rent schedule, additional rent from addenda, payment terms, late fees, and a comprehensive expense reimbursement framework.
  5. Security Deposit
    Establishes the security deposit amount, landlord's right to apply it, tenant's restoration obligation, and 60-day refund timeline.
  6. Taxes
    Landlord is responsible for property taxes by default, and tenant waives property tax protest and appeal rights.
  7. Utilities
    Allocates utility payment responsibility between landlord and tenant via a checklist, and addresses after-hours HVAC charges.
  8. Insurance
    Requires tenant to carry CGL insurance (naming landlord as additional insured), property insurance, and optional business interruption coverage, while landlord maintains building fire and liability insurance.
  9. Use and Hours
    Restricts tenant's use of the premises to a stated purpose and establishes property operating hours.
  10. Legal Compliance
    Prohibits illegal or hazardous uses, defines hazardous materials, and places the burden on tenant to verify the premises comply with zoning and regulations for their intended use.
  11. Signs
    Requires landlord approval for all signage, compliance with laws, and addresses sign removal at lease end.
  12. Access by Landlord
    Grants landlord reasonable access during business hours and emergency access after hours, with right to post 'For Lease' signage near end of term.
  13. Move-In Condition
    Tenant accepts the premises as-is with no warranties from landlord or agents regarding condition or permitted use.
  14. Move-Out Condition and Forfeiture of Tenant's Personal Property
    Requires tenant to return premises in original condition (less normal wear), addresses personal property abandonment and fixture removal.
  15. Maintenance and Repairs
    Establishes a comprehensive 24-item maintenance responsibility matrix between landlord and tenant, plus janitorial, repair notification, HVAC service contract, and common area maintenance requirements.
  16. Alterations
    Requires landlord consent for all alterations, with non-structural modifications subject to a reasonableness standard. Improvements become landlord's property at lease end.
  17. Liens
    Prohibits tenant from causing liens on the property and requires lien removal within 20 days.
  18. Liability
    Limits landlord's liability for damages caused by tenant's acts, other persons, natural disasters, crime, and casualties.
  19. Indemnity
    Mutual indemnification between landlord and tenant for losses caused by their respective parties.
  20. Default
    Defines default triggers and cure periods for both parties, and specifies landlord's remedies including termination, rent acceleration, and damages upon tenant default.
  21. Abandonment, Interruption of Utilities, Removal of Property, and Lockout
    Incorporates Texas Property Code Chapter 93 provisions governing abandonment, utility interruption, property removal, and lockout.
  22. Holdover
    Tenant becomes at-will if holding over, owing 150% of rent daily, and must indemnify landlord for all holdover damages.
  23. Landlord's Lien and Security Interest
    Grants landlord a UCC security interest and lien against tenant's nonexempt personal property on the premises.
  24. Assignment and Subletting
    Landlord may assign freely; tenant requires written consent to assign or sublet and remains liable regardless.
  25. Relocation
    Addresses whether landlord may relocate tenant within the property, with two checkbox options for landlord relocation rights.
  26. Subordination
    Lease is automatically subordinate to all liens and encumbrances, with tenant required to sign SNDA agreements upon request.
  27. Estoppel Certificates and Financial Information
    Requires tenant to provide estoppel certificates within 10 days and financial statements within 30 days upon landlord request.
  28. Casualty Loss
    Establishes a framework for casualty loss response based on whether premises are less or more than 50% unusable, with restoration timelines and termination rights.
  29. Condemnation
    Addresses lease termination or continuation with rent reduction in condemnation scenarios, with awards belonging to landlord.
  30. Attorney's Fees
    Prevailing party in disputes recovers attorney's fees, prejudgment interest, and litigation costs.
  31. Representations
    Covers material representations by both parties, authority to sign, OFAC/SDN compliance, and landlord disclosure of known defects.
  32. Brokers
    Identifies both brokers, their representation roles, and references the compensation arrangement (separate agreement or TXR 2102 addendum).
  33. Addenda
    Incorporates all checked addenda and exhibits from the Table of Contents into the lease.
  34. Notices
    Requires written notices delivered by hand, certified mail, overnight delivery, or confirmed fax, with specified addresses for each party.
  35. Special Provisions
    Open field for special provisions that override other lease terms in case of conflict.
  36. Agreement of Parties
    Standard legal boilerplate covering entire agreement, binding effect, joint and several liability, governing law (Texas), severability, waiver, quiet enjoyment, force majeure, time is of the essence, and counterparts.
  37. Effective Date
    Effective date is when the last party signs and initials the lease.
  38. License Holder Disclosure
    Requires real estate license holders who are transaction parties to disclose their license status.

How RaiderX Agents Use This Form

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