If the landlord failed to disclose a material fact, and that the failure to disclose was intended to and did induce the tenant to enter into the lease agreement, a violation of the Texas Deceptive Trade Practice - Consumer Protection Act has occurred, notwithstanding the fact that it was a commercial lease. The tenant may either rescind the transaction or recover damages occasioned by the transaction. Further, a jury or judge could award up to three times the amount of actual damages sustained, plus Court costs and attorney's fees.