This question has been addressed in 1 Texas court opinion:
COA13 — January 29, 2026
In Pickens v. Hewitt, the estate of a woman who died of alcohol poisoning sued a commercial landlord, arguing the landlord had a duty to evict a tenant for overserving alcohol because the lease allowed for termination in the event of illegal acts. The Thirteenth Court of Appeals analyzed whether a landlord's contractual right to terminate a lease for law violations equates to 'actual control' over the premises under Texas liability principles. The court held that such a provision is intended to protect the landlord's interests, not to safeguard third parties, and affirmed summary judgment for the landlord, ruling he owed no legal duty to the deceased patron.
Litigation Takeaway
“A landlord’s contractual right to evict a tenant for illegal conduct does not create a legal duty to protect third parties from the tenant’s negligence. For family law practitioners, this provides a vital defense to shield a 'passive' spouse or a real estate holding entity from the operational liabilities and tort judgments arising from a business run by the other spouse.”