Texas Property Code 59.052 – Transfer of Certain Property to Vehicle Storage Facility
Terms Used In Texas Property Code 59.052
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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
Notwithstanding Subchapter C, a lessor who takes possession of property to which this subchapter applies to enforce a lien under this chapter may transfer possession of the property and have the property towed to a vehicle storage facility for disposition by the vehicle storage facility under Subchapter D, Chapter 2303, Occupations Code, if:
(1) the transfer of possession and towing is authorized under a written rental agreement between the lessor and tenant;
(2) the lessor gives written notice of the lessor’s claim to the tenant as required under § 59.042(a) in the manner prescribed by Section 59.043;
(3) the tenant fails to satisfy the claim on or before the 14th day after the date the notice required under § 59.042(a) is delivered in the manner prescribed by Section 59.043; and
(4) the vehicle storage facility agrees in writing to accept possession of the property.