Texas Tenant Advisor

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The Texas Tenant Advisor is intended to provide general information regarding Texas residential tenancies only.

Unique facts can render some statements inapplicable to a given situation.

We attempt to provide current information; nonetheless, you are urged to consult an attorney for legal advice and assistance.

This web site is a public service of the Texas Low Income Housing Information Service.

In some circumstances the landlord may remove the tenant's property.

Lien for unpaid rent enforceable if in lease

When a tenant fails to pay rent, the landlord has a lien (a right to possess) all of the tenant's "non-exempt" property that is found in the tenant's apartment or house. According to the statute authorizing this action, the property the landlord can take must be found inside the residence or storage room. If it is outside in the yard, for example, it cannot be taken.

The landlord's lien gives the landlord the right to peacefully take the tenant's property, and to sell it after a proper time period and notice to satisfy the rent outstanding. The landlord's lien can be enforced by the landlord without taking any formal action in court ONLY if it is spelled out specifically in the lease, and the lease provision is underlined or printed in conspicuous bold print. The landlord cannot sell or dispose of the property unless this also is written in the lease.

(However, the landlord is allowed to remove all the contents of an apartment or house, without a specific lease provision, when the tenant has abandoned the premises.)

There is no specific limit on the amount of non-exempt property the landlord can take. Generally, if the landlord takes property (valued at market prices) worth more than three times the rent owed, the tenant may have a wrongful seizure suit. The landlord cannot lien property for any other charge. In other words, the landlord cannot deduct late fees or something else from a rent payment and still claim the tenant is behind on rent, and then attempt to lien property. (While the landlord may claim their lease says the can assign money they receive to any account they wish, the Texas Property Code would consider such a provision void.)

Exempt property

The following types of property are exempt and cannot be taken by the landlord under any circumstance, unless the property was abandoned:
1. Clothing.
2. Tools, equipment, and books of the tenant's trade.
3. School books.
4. One automobile and one truck.
5. Family portraits and pictures, and the family library.
6. One couch, two living room chairs, one dining table and chairs.
7. All beds and bedding.
8. All kitchen furniture and utensils, including a tenant's deep freeze and microwave.
9. Food and food stuffs.
10. Medicine and medical supplies.
11. Anything the landlord knows belongs to someone else not living in the leased premises.
12. Anything the landlord knows was purchased on a recorded credit arrangement that has not yet been paid for.
13. All agricultural implements.
14. Children's toys not used by adults.

Essentially, the landlord can never take property that you do not own, or property you need to live, learn, work, or property that is very valuable to your family but not valuable to anyone else (like toys, pictures).

The Texas Apartment Association (TAA) has a lot of commentary in their Redbook (which is not the law) on landlord liens. Surprisingly, TAA says that the clothing exemption includes rings and jewelry. TAA also correctly states that the following are probably ok to take: televisions, stereo equipment, computers, cameras. Of course, if these are not owned by the tenant or are used in the tenant's business then even these items are exempt. These are also the standard items landlords take because they are easy to take, valuable and easy to sell.

Performing the lien

If the landlord wants to take tenant property because the tenant has not paid the rent, the landlord must follow the letter of the law. The lease provision better allow the landlord to do this, and the provison better be in underlined or bold print. The tenant had better be behind on rent (and not some other fee). The property taken had better not be exempt. If the landlord makes a mistake, make them pay.

The landlord is entitled to enter the tenant's place to take property only if it can be done "without a breach of the peace." In other words, a tenant might resist a landlord trying to enter or might not let go of his favorite computer game. A landlord is not entitled to use any force or cause a disturbance even if the tenant is a contributing cause of the disturbance. Thus, many landlords opt to lien property when the tenant is not at home.

In addition the landlord must leave a notice that it went inside the tenant's place and specifically list every item it took. The notice must be left within a conspicuous place inside the tenant's place. The notice must also state the amount of the delinquent rent and the name, address and telephone number of the person the tenant can contact. The notice must also state that the property will be returned upon paying the delinquent rent.

Getting it back

Paying the landlord the owed rent should get your property back. (If the property was improperly taken you should send the landlord a demand letter requesting it return the property or be sued.) A landlord is not entitled to keep your property for charges other than rent. To get back you property you only need offer the rent -- until there has been a notice of sale, the landlord is not even entitled to charge for packing, moving, and storage expenses. In fact, if the landlord took something heavy, get their goons to put your property back once you pay them.

Sale of property

If it is in the lease agreement, the landlord can also sell the property. (If not the landlord can only store the property.) The landlord must give the tenant at least 30 days' advance notice of the sale by certified and regular mail to the tenant's last known mailing address, indicate the time, date, and place of the sale, and provide an itemized account of the rent owed and the name of the person to contact for information. The tenant is allowed to redeem the property prior to the sale if the tenant pays the rent owed, and the reasonable packing, moving and storage charges (if these charges are also specified in the lease). Once the landlord sends a notice of sale they can get these other charges too (so redeem earlier to avoid these charges if you can).

At the sale, the property is sold to the highest cash bidder. It is usually a good idea to go to the sale to make sure it is done properly (sometimes landlords sell things to their friends for a few cents). The tenant is allowed to go to the sale and purchase his own property. The landlord must take the money he receives from the sale of the tenant's property and apply it to the rental account. The tenant is entitled to any remainder. The landlord must give the tenant an accounting within 30 days of the tenant's request.

Penalties for improper seizure

If the landlord willfully violates the law on liens, the tenant may recover the greater of one month's rent or $500, return of any property not sold and proceeds from the sale, plus actual damages, plus reasonable attorney's fees, less any past due rent. We have provided a lawsuit petition and advice on how to sue the landlord.

Continue on to abandonment...