Texas Property Code 54.006 – Distress Warrant
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(a) The person to whom rent or an advance is payable under the lease or the person’s agent, attorney, assign, or other legal representative may apply to an appropriate justice of the peace for a distress warrant if the tenant:
(1) owes any rent or an advance;
(2) is about to abandon the premises; or
(3) is about to remove the tenant’s property from the premises.
(b) The application for a warrant must be filed with a justice of the peace:
(1) in the precinct in which the leasehold is located or in which the property subject to the landlord’s lien is located; or
(2) who has jurisdiction of the cause of action.
Terms Used In Texas Property Code 54.006
- 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.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005