The Common Law
Landlord & tenant issues – can landlord hold tenant’s property?
By Luke Ellis, Fri., Aug. 20, 2004
My landlord is threatening to take some of the stuff from my apartment until we settle a rent dispute. Does a landlord really have the right to take a tenant's personal things?
It depends. Texas law recognizes a residential "Landlord's Lien," which gives a landlord of a single- or multifamily residence a lien for unpaid rent that is due. The lien "attaches" to certain property within the tenant's resident, thereby allowing the landlord to take that property. The landlord's lien, however, is not enforceable unless it is underlined or printed in conspicuous bold print in the lease agreement.
Even assuming the landlord's lien is clearly mentioned in the lease, the landlord's rights under the lien do not apply to all of your personal property. Some of the more practical items that cannot be taken by the landlord include beds and bedding, one couch, two living room chairs, a dining table and chairs, and food. A complete list of all the property that a landlord cannot take can be found at www.capitol.state.tx.us/statutes/pr.toc.htm (section 54.042).
Texas law also regulates exactly how the landlord can take the property. For example, a landlord cannot take the property unless it can be accomplished without a breach of the peace (i.e., a public disturbance). Immediately after taking the property, the landlord must leave written notice of entry, an itemized list of the items removed, and detailed information regarding whom the tenant may contact about the rent owed. A landlord must also comply with numerous other statutory requirements before any of the tenant's property can be sold.
Compliance with these rules is important because a landlord that willfully violates Texas law addressing landlord liens could be liable to a tenant for actual damages, return of the property taken or proceeds from sale, one month's rent or $500 (whichever is higher), and reasonable attorney's fees.
Be sure to always read your lease to see if there is a clearly marked provision that gives your landlord the right to take a lien on your property during a rent dispute. If this provision exists, read the residential landlord liens statute (www.capitol.state.tx.us/statutes/pr.toc.htm – section 54), and contact a licensed attorney if you believe your landlord has not complied with the law.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
