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Q:
We rented a house and our landlord took our furniture
while we were away. I admit we were about three weeks
late on our rent and we weren't staying at the house.
Why won't the police take a theft report of our
property.
A:
Landlord vs. tenant disputes are handled under the Texas Property Code and the
laws police enforce are criminal laws, not property law. Generally speaking, the
local Sheriff's office or your Constable's office may better handle your
complaint since they often handle civil cases.
Below you will
find the property laws that cover
residential liens. What you have described
sounds like a proeprty law dispute. If you
feel you have been a victim of a property
law violation, you should contact an
attorney of your choice. An
attorney can better explain your civil
recourse.
PROPERTY CODE
TITLE 5. EXEMPT PROPERTY AND LIENS
SUBTITLE B. LIENS
CHAPTER 54. LANDLORD'S LIENS
SUBCHAPTER
C. RESIDENTIAL LANDLORD'S LIEN
Sec. 54.041. 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.
Acts 1983, 68th Leg., p. 3560, ch. 576, Sec.
1, eff. Jan. 1, 1984.
Sec. 54.042. EXEMPTIONS.
A lien under this subchapter does not
attach to:
(1) wearing apparel;
(2) tools, apparatus, 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 automobile and one truck;
(12) agricultural implements;
(13) children's toys not commonly used by
adults;
(14) goods that the landlord or the
landlord's agent knows are owned by a person
other than the tenant or an occupant of the
residence;
and
(15) goods that the landlord or the
landlord's agent knows are subject to a
recorded chattel mortgage or financing
agreement.
Sec. 54.043. ENFORCEABILITY OF CONTRACTUAL
PROVISIONS.
(a)
A contractual landlord's lien is not
enforceable unless it is underlined or
printed in conspicuous bold print in the
lease agreement.
(b) A provision of a lease that purports to
waive or diminish a right, liability, or
exemption of this subchapter is void to the
extent limited by this subchapter.
Acts 1983, 68th Leg., p. 3561, ch. 576, Sec.
1, eff. Jan. 1, 1984.
Sec. 54.044. SEIZURE OF PROPERTY.
(a)
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.
(b) Immediately after seizing property
under Subsection (a) of this section, the
landlord or the landlord's agent shall leave
written notice of entry and an itemized list
of the items removed.
The notice and list shall be left in
a conspicuous place within the dwelling.
The notice must state the amount of
delinquent rent and the name, address, and
telephone number of the person the tenant
may contact regarding the amount owed.
The notice must also state that the
property will be promptly returned on full
payment of the delinquent rent.
(c) Unless authorized in a written lease,
the landlord is not entitled to collect a
charge for packing, removing, or storing
property seized under this section.
(d) If the tenant has abandoned the
premises, the landlord or the landlord's
agent may remove its contents.
Acts 1983, 68th Leg., p. 3561, ch. 576, Sec.
1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch.
305, Sec. 1, eff. Aug. 26, 1985.
Sec. 54.045. SALE OF PROPERTY.
(a)
Property seized under Section 54.044
may not be sold or otherwise disposed of
unless the sale or disposition is authorized
in a written lease.
(b) Before selling seized property, the
landlord or the landlord's agent must give
notice to the tenant not later than the 30th
day before the date of the sale.
The notice must be sent to the tenant
by both first class mail and certified mail,
return receipt requested, at the tenant's
last known address.
The notice must contain:
(1) the date, time, and place of the sale;
(2) an itemized account of the amount owed
by the tenant to the landlord;
and
(3) the name, address, and telephone number
of the person the tenant may contact
regarding the sale, the amount owed, and the
right of the tenant to redeem the property
under Subsection (e) of this section.
(c) A sale under this section is subject to
a recorded chattel mortgage or financing
statement.
The property shall be sold to the
highest cash bidder.
Proceeds from the sale shall be
applied first to delinquent rents and, if
authorized by the written lease, reasonable
packing, moving, storage, and sale costs.
(d) Any sale proceeds remaining after
payment of the amounts authorized in
Subsection (c) of this section shall be
mailed to the tenant at the tenant's last
known address not later than the 30th day
after the date of the sale.
The landlord shall provide the tenant
with an accounting of all proceeds of the
sale not later than the 30th day after the
date on which the tenant makes a written
request for the accounting.
(e) 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.
Added by Acts 1985, 69th Leg., ch. 305, Sec.
1, eff. Aug. 26, 1985.
Sec. 54.046. VIOLATION BY LANDLORD.
If a landlord or the landlord's agent
wilfully violates this subchapter, the
tenant is entitled to:
(1) actual damages, return of any property
seized that has not been sold, return of the
proceeds of any sale of seized property, and
one month's rent or $500, whichever is
greater, less any amount for which the
tenant is liable;
and
(2) reasonable attorney's fees.
Acts 1983, 68th Leg., p. 356, ch. 5761, Sec.
1, eff. Jan. 1, 1984.
Renumbered and amended by Acts 1985,
69th Leg., ch. 305, Sec. 1, eff. Aug. 26,
1985.
Sec. 54.047. OTHER RIGHTS NOT AFFECTED.
This subchapter does not affect or
diminish any other rights or obligations
arising under common law or any statute.
Added by Acts 1985, 69th Leg., ch. 305, Sec.
1, eff. Aug. 26, 1985.
Sec. 54.048. TENANT MAY REPLEVY.
At any time before judgment in a suit
for unpaid rent, the tenant may replevy any
of the property that has been seized, if the
property has not been claimed or sold, by
posting a bond in an amount approved by the
court, payable to the landlord, and
conditioned that if the landlord prevails in
the suit, the amount of the judgment
rendered and any costs assessed against the
tenant shall be first satisfied, to the
extent possible, out of the bond.
Added by Acts 1987, 70th Leg., ch. 266, Sec.
1, eff. Sept. 1, 1987.
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