Chapter 92, Texas Property Code
§ 92.0081. Removal of Property and Exclusion of Residential Tenant
Subchapter
C, Chapter 92, Texas Property Code
Residential Landlord's Lien
§
54.041. Lien
§ 54.042.
Exemptions
§ 54.043.
Enforceability of Contractual Provisions
§ 54.044.
Seizure of Property
§ 54.045.
Sale of Property
§ 54.046.
Violation by Landlord
§ 54.047.
Other Rights Not Affected
§ 54.048.
Tenant May Replevy
§ 92.0081. Removal of Property and Exclusion of Residential Tenant
(a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed.
(b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from:
(1)
bona fide repairs, construction, or an emergency;
(2) removing the contents of
premises abandoned by a tenant; or
(3) changing the door locks
of a tenant who is delinquent in paying at least part of
the rent.
(c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating:
(1)
an on-site location where the tenant may go 24 hours
a day to obtain the new key or a telephone number
that is answered 24 hours a day that the tenant may
call to have a key delivered within two hours after
calling the number;
(2) the fact that the
landlord must provide the new key to the tenant at any
hour, regardless of whether or not the tenant pays any of
the delinquent rent; and
(3) the amount of rent and
other charges for which the tenant is
delinquent.
(d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless:
(1)
the tenant is delinquent in paying all or part of the
rent; and
(2) the landlord has locally
mailed not later than the fifth calendar day before the
date on which the door locks are changed or hand-delivered
to the tenant or posted on the inside of the main entry
door of the tenant's dwelling not later than the third
calendar day before the date on which the door locks are
changed a written notice stating:
(A)
the earliest date that the landlord proposes to
change the door locks;
(B) the amount of rent the
tenant must pay to prevent changing of the door locks; and
(C) the name and street
address of the individual to whom, or the location of the
on-site management office at which, the delinquent rent may
be paid during the landlord's normal business
hours.
(e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent.
(f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent.
(g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours.
(h) If a landlord violates this section, the tenant may:
(1)
either recover possession of the premises or
terminate the lease; and
(2) recover from the landlord
a civil penalty of one month's rent plus $500, actual
damages, court costs, and reasonable attorney's fees in an
action to recover property damages, actual expenses, or
civil penalties , less any delinquent rent or other sums
for which the tenant is liable to the landlord.
(i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month's rent.
(j) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void.
Acts 1983, 68th Leg., p. 3632, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 200, § 4, eff. Aug. 26, 1985. Renumbered from § 91.002 by Acts 1987, 70th Leg., ch. 683, § 2, eff. Aug. 31, 1987. Amended as § 91.002 by Acts 1987, 70th Leg., ch. 826, § 1, eff. Aug. 31, 1987. Renumbered from § 91.002 and amended by Acts 1989, 71st Leg., ch. 689, §§ 1, 3, eff. Sept. 1, 1989. Redesignated from V.T.C.A., Property Code § 92.008(b) to (f) and amended by Acts 1995, 74th Leg., ch. 869, § 1, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 952, § 1, Sept. 1, 1995.
A landlord of a single or multifamily residence has a lien for unpaid rent that is due. The lien attaches to nonexempt property that is in the residence or that the tenant has stored in a storage room.
Acts 1983, 68th Leg., p. 3560, ch. 576, § 1, eff. Jan. 1, 1984.
A lien under this subchapter does not attach to:
(1) wearing apparel;
(2) tools, apparatus, and books of a trade or profession;
(3) schoolbooks;
(4) a family library;
(5) family portraits and pictures;
(6) one couch, two living room chairs, and a dining table and chairs;
(7) beds and bedding;
(8) kitchen furniture and utensils;
(9) food and foodstuffs;
(10) medicine and medical supplies;
(11) one automobile and one truck;
(12) agricultural implements;
(13) children's toys not commonly used by adults;
(14) goods that the landlord or the landlord's agent knows are owned by a person other than the tenant or an occupant of the residence; and
(15) goods that the landlord or the landlord's agent knows are subject to a recorded chattel mortgage or financing agreement.
Acts 1983, 68th Leg., p. 3560, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 305, § 1, eff. Aug. 26, 1985.
§ 54.043. Enforceability of Contractual Provisions
(a) A contractual landlord's lien is not enforceable unless it is underlined or printed in conspicuous bold print in the lease agreement.
(b) A provision of a lease that purports to waive or diminish a right, liability, or exemption of this subchapter is void to the extent limited by this subchapter.
Acts 1983, 68th Leg., p. 3561, ch. 576, § 1, eff. Jan. 1, 1984.
(a) The landlord or the landlord's agent may not seize exempt property and may seize nonexempt property only if it is authorized by a written lease and can be accomplished without a breach of the peace.
(b) Immediately after seizing property under Subsection (a) of this section, the landlord or the landlord's agent shall leave written notice of entry and an itemized list of the items removed. The notice and list shall be left in a conspicuous place within the dwelling. The notice must state the amount of delinquent rent and the name, address, and telephone number of the person the tenant may contact regarding the amount owed. The notice must also state that the property will be promptly returned on full payment of the delinquent rent.
(c) Unless authorized in a written lease, the landlord is not entitled to collect a charge for packing, removing, or storing property seized under this section.
(d) If the tenant has abandoned the premises, the landlord or the landlord's agent may remove its contents.
Acts 1983, 68th Leg., p. 3561, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 305, § 1, eff. Aug. 26, 1985.
(a) Property seized under Section 54.044 may not be sold or otherwise disposed of unless the sale or disposition is authorized in a written lease.
(b) Before selling seized property, the landlord or the landlord's agent must give notice to the tenant not later than the 30th day before the date of the sale. The notice must be sent to the tenant by both first class mail and certified mail, return receipt requested, at the tenant's last known address. The notice must contain:
(1) the date, time, and place of the sale;
(2) an itemized account of the amount owed by the tenant to the landlord; and
(3) the name, address, and telephone number of the person the tenant may contact regarding the sale, the amount owed, and the right of the tenant to redeem the property under Subsection (e) of this section.
(c) A sale under this section is subject to a recorded chattel mortgage or financing statement. The property shall be sold to the highest cash bidder. Proceeds from the sale shall be applied first to delinquent rents and, if authorized by the written lease, reasonable packing, moving, storage, and sale costs.
(d) Any sale proceeds remaining after payment of the amounts authorized in Subsection (c) of this section shall be mailed to the tenant at the tenant's last known address not later than the 30th day after the date of the sale. The landlord shall provide the tenant with an accounting of all proceeds of the sale not later than the 30th day after the date on which the tenant makes a written request for the accounting.
(e) The tenant may redeem the property at any time before the property is sold by paying to the landlord or the landlord's agent all delinquent rents and, if authorized in the written lease, all reasonable packing, moving, storage, and sale costs.
Added by Acts 1985, 69th Leg., ch. 305, § 1, eff. Aug. 26, 1985.
§ 54.046. Violation by Landlord
If a landlord or the landlord's agent wilfully violates this subchapter, the tenant is entitled to:
(1) actual damages, return of any property seized that has not been sold, return of the proceeds of any sale of seized property, and one month's rent or $500, whichever is greater, less any amount for which the tenant is liable; and
(2) reasonable attorney's fees.
Acts 1983, 68th Leg., p. 356, ch. 5761, § 1, eff. Jan. 1, 1984. Renumbered and amended by Acts 1985, 69th Leg., ch. 305, § 1, eff. Aug. 26, 1985.
§ 54.047. Other Rights Not Affected
This subchapter does not affect or diminish any other rights or obligations arising under common law or any statute.
Added by Acts 1985, 69th Leg., ch. 305, § 1, eff. Aug. 26, 1985.
At any time before judgment in a suit for unpaid rent, the tenant may replevy any of the property that has been seized, if the property has not been claimed or sold, by posting a bond in an amount approved by the court, payable to the landlord, and conditioned that if the landlord prevails in the suit, the amount of the judgment rendered and any costs assessed against the tenant shall be first satisfied, to the extent possible, out of the bond.
Added by Acts 1987, 70th Leg., ch. 266, § 1, eff. Sept. 1, 1987.