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Texas Landlord Rights - The Landlord's Lien

By: TL G

In Texas, a residential landlord possesses a lien on the renter’s belongings for delinquent rent. The lien is known simply as the landlord’s lien and is contained in Texas Property Code § 54.041. This statutory landlord’s lien does not require a written lease to be valid. It is available even if the lease is simply a oral arrangement. The lien fastens to the personal property and assets of the renter that is actually in the residence.

Texas Landlord Rights - Exempt Property

Like with many liens in Texas, you will discover exemptions to the landlord’s lien. Section 54.042 of the Texas Property Code specifically provides the things that are exempt from the lien. They are:

1. Wearing apparel;

2. Tools and books of a trade or profession;

3. Schoolbooks;

4. A family library;

5. Family portraits and photos;

6. One couch, two living room chairs, and a dining table and chairs;

7. Bed furniture and home bedding;

8. Kitchen furniture and utensils;

9. Food and food products;

10. Medication and medical supplies;

11. One car and one truck;

12. Farming implements;

13. Kid's toys and games;

14. Property this is not in fact owned by the tenant or even an occupant of the home; and

15. Property which is pledged as security for a recorded mortgage or financing agreement.

Texas Landlord Rights - Enforcement of the Landlord’s Lien

A landlord can enforce a landlord’s lien by self-help remedy but there are limitations. Those restrictions are:

1. The right to a self-help remedy is only available if there is a written lease.

While the landlord’s lien is present for oral agreement leases, the self-help enforcement remedy of the lien can only be available if the lease is written. However, merely having a written lease will not be enough. The written lease will need to specifically approve the utilization of self-help enforcement of the landlord’s lien.

2. The right to a self-help remedy is only available in the event it can be accomplished without a “breach of the peace.”

3. The landlord who uses self-help enforcement of the landlord’s lien will need to leave written notice of entry immediately after the process.

4. The written notice of entry will need to provide an itemized list of items taken out.

5. The notice should be left in an obvious location in the home.

6. The notice will have to list the amount of money of overdue rent along with the name, address, and contact number of the individual the renter can easily make contact with regarding the balance due.

7. The notice must also state that the property is going to be promptly returned on complete payment of the past due rent. Texas Property Code § 54.044(b).

Nearly all landlord’s I take care of in my law practice have no idea they possess a lien on their renter’s property to secure payment of rent. The truth is, many landlords think that the law in Texas totally favors their renters. They are not aware that we have laws governing Texas landlord rights, not merely their responsibilities.

Article Source: http://articles.tiptopweb.info

Harvey L. Cox is an attorney and certified mediator in Texas. He runs an informational web site that provides tips and techniques for understanding how Texas law affects the everyday lives of Texas residents. Check the site out for more information on Texas Landlord Rights.

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Texas Landlord Rights - The Landlord's Lien