Texas Property Code 59.043 – Contents and Delivery of Notice of Claim; Information Regarding Tenant’s Military Service
(a) The lessor’s notice to the tenant of the claim must contain:
(1) an itemized account of the claim;
(2) the name, address, and telephone number of the lessor or the lessor’s agent;
(3) a statement that the contents of the self-service storage facility have been seized under the contractual landlord’s lien;
(4) a statement that if the tenant fails to satisfy the claim on or before the 14th day after the date the notice is delivered, the property may be, as applicable:
(A) sold at public auction under this subchapter; or
(B) towed to a vehicle storage facility and disposed of by the vehicle storage facility under Subchapter D, Chapter 2303, Occupations Code; and
(5) a statement underlined or printed in conspicuous bold print requesting a tenant who is in military service to notify the lessor of the status of the tenant’s current military service immediately.
(b) A lessor may require written proof of a tenant’s military service in the form of documentation from the United States Department of Defense or other documentation reasonably acceptable to the lessor.
Terms Used In Texas Property Code 59.043
- 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
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Subject to Subsection (d), the lessor must deliver the notice in person or by e-mail or verified mail to the tenant’s last known e-mail or postal address as stated in the rental agreement or in a written notice from the tenant to the lessor furnished after the execution of the rental agreement. Notice by verified mail is considered delivered when the notice, properly addressed with postage prepaid, is deposited with the United States Postal Service or a common carrier. Notice by e-mail is considered delivered when sent to the last known e-mail address of the tenant.
(d) The notice may not be sent by e-mail unless a written rental agreement between the lessor and the tenant contains language underlined or in conspicuous bold print that notice may be given by e-mail if the tenant elects to provide an e-mail address.