Texas Property Code 59.041 – Enforcement of Lien
Current as of: 2024 | Check for updates
|
Other versions
(a) Except as provided by Subsection (b) of this section, a lessor may enforce a lien under this chapter only under a judgment by a court of competent jurisdiction that forecloses the lien and orders the sale of the property to which it is attached.
(b) A lessor may enforce a lien under this chapter by seizing and selling the property to which the lien is attached if:
(1) the seizure and sale are made under the terms of a contractual landlord’s lien as underlined or printed in conspicuous bold print in a written rental agreement between the lessor and tenant; and
(2) the seizure and sale are made in accordance with this chapter.
Terms Used In Texas Property Code 59.041
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005