This is the fourth and final article covering Texas landlord’s liens. The previous three posts are here, here, and here.
What is an agricultural landlord’s lien? One who leases land has a lien “for rent that becomes due and for the money and the value of property that the landlord furnishes…to the tenant to grow a crop on the [land] and to gather, store, and prepare the crop for marketing.”
To what does the lien attach? With notable exceptions not discussed here, the lien generally attaches to the (a) property on the leased premises that the landlord furnishes to the tenant to grow a crop; and (b) crop grown on the land in the year that the rent accrues or the land is furnished.
Does the agricultural lien always arise or exist? No. The lien may or may not arise depending on (a) whether the landlord or tenant furnishes the labor and materials to grow the crop; and (b) how much rent is charged by the landlord in proportion to the value of the grain and cotton grown on the land.
How long does the lien exist? Generally, “the lien exists while the property to which it is attached remains on the leased premises and until one month after the day that the property is removed from the premises.”
May a delinquent, agricultural tenant remove the crop subjected to the lien? No, not without the landlord’s consent.
What if the delinquent tenant removes the crop without the landlord’s consent? If the crop is removed by the tenant in preparation for market, the landlord’s lien will continue to exist on the removed crop.
What can a landlord do if s/he has good cause to believe that the delinquent tenant is about to remove the crop or abandon the premises? The landlord can ask a Justice of the Peace to order law enforcement to seize the property.
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.