Month: February 2015

Texas Residential Landlord’s Lien

May a landlord take a tenant’s property to cover delinquent rent? In this post we introduced the concept of landlord liens. One is the residential landlord’s lien.

texas landlord's lien

“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.” However, the lien does not attach to fifteen categories of property including clothes, tools of a trade/profession, family pictures, food, and medicines, among other things.

“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.” Upon seizing the property, the landlord must leave a particular type of notice in a conspicuous place inside the dwelling.

The landlord may not sell the property unless doing so is specifically authorized by the lease. Once again, advance notice to the tenant is required before the sale.

“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.”

A landlord who fails to comply with applicable law may have to pay money damages to the tenant and the tenant’s legal fees.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Design-Bid-Build Projects in Three Sentences

design-bid-build texas construction projectIn this post we discussed different project delivery systems. A design-bid-build project delivery system entails the owner of the project contracting directly with (1) an architect for the design; and (2) a general contractor for the construction. There isn’t usually a contract between the architect and the contractor.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Texas Building Landlord’s Liens

In an earlier post, we discussed the fact that there are three types of Texas landlord liens. One is the commercial building lien. So what is it, and what’s its purpose?

One who leases any part of a building for nonresidential purposes has a lien on the non-exempt property of the tenant for the payment of rent. “The lien is unenforceable for rent on a commercial building that is more than six months past due unless the landlord files a lien statement with the county clerk of the county in which the building is located.” The law requires specific information be included in this rental lien statement. The lien exists while the tenant occupies the building and until one month after the day that the tenant abandons it.Texas Building Landlord's Lien

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.