In Texas, a residential landlord has a lien on the renter's possessions for past due rent. The lien is known simply as the landlord's lien and is found 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 verbal agreement. The lien attaches to any personal property of the tenant that is actually in the residence.
Texas Landlord Rights - Exempt Property
As with most liens in Texas, there are exemptions to the landlord's lien. Section 54.042 of the Texas Property Code specifically lists the items 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 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 car and one truck;
12. Agricultural implements;
13. Children's toys;
14. Property that is not actually owned by the renter or an occupant of the residence; and
15. Property that 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 limitations are:
1. The right to a self-help remedy is only available if there is a written lease.
Even though the landlord's lien is available for verbal agreement leases, the self-help enforcement remedy of the lien is only available when the lease is in writing. But, just having a written lease is not enough. The written lease must specifically authorize the use of self-help enforcement of the landlord's lien.
2. The right to a self-help remedy is only available if it can be done without a "breach of the peace."
3. The landlord who exercises self-help enforcement of a landlord's lien must leave written notice of entry immediately after doing so.
4. The written notice of entry must include an itemized list of items removed.
5. The notice must be left in a conspicuous place in the residence.
6. The notice must list the dollar amount of past due rent along with the name, address, and telephone number of the person the tenant can contact regarding the amount owed.
7. The notice must also state that the property will be promptly returned on full payment of the past due rent. Texas Property Code § 54.044(b).
Most landlord's I deal with in my law practice have no idea they have a lien on their renter's property to secure payment of rent. In fact, many landlords believe the law in Texas totally favors their tenants. They have no idea that there are laws governing Texas landlord rights, not just their duties.
Harvey L. Cox is an attorney and certified mediator in Texas. He runs an informational web site on Texas legal issues where you can get more information on Texas landlord rights.
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