Title PR, Property Code

Sec. 59.005. DAMAGES FOR VIOLATION. A person injured by a violation of this chapter may sue for damages under the Deceptive Trade Practices--Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code). Acts 1983, 68th Leg., p. 3575, ch. 576, Sec. 1, eff. Jan. 1, …

Sec. 59.006. ATTACHMENT AND PRIORITY OF LIEN. A lien under this chapter attaches on the date the tenant places the property at the self-service storage facility. The lien takes priority over all other liens on the same property. Acts 1983, 68th Leg., p. 3575, ch. 576, Sec. 1, eff…

Sec. 59.007. PURCHASE OF PROPERTY. A good faith purchaser of property sold to satisfy a lien under this chapter takes the property free of a claim by a person against whom the lien was valid, regardless of whether the lessor has complied with this chapter. Acts 1983, 68th Leg., p…

Sec. 59.008. REDEMPTION. A tenant may redeem property seized under a judicial order or a contractual landlord's lien prior to its sale or other disposition by paying the lessor the amount of the lien and the lessor's reasonable expenses incurred under this chapter. Acts 1983, 68t…

Sec. 59.009. RESIDENTIAL USE. A tenant may not use or allow the use of a self-service storage facility as a residence. Acts 1983, 68th Leg., p. 3576, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 59.010. RIGHTS OF CERTAIN MILITARY MEMBERS. (a) In this section, "servicemember" has the meaning assigned by Section 101, Servicemembers Civil Relief Act (50 U.S.C. App. Section 511). (b) A member of the Texas State Guard or Texas National Guard who is in military service is…

Sec. 59.021. LIEN; PROPERTY ATTACHED. A lessor has a lien on all property in a self-service storage facility for the payment of charges that are due and unpaid by the tenant. Acts 1983, 68th Leg., p. 3576, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 1…

Sec. 59.041. ENFORCEMENT OF LIEN. (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 attach…

Sec. 59.042. PROCEDURE FOR SEIZURE AND SALE. (a) A lessor who wishes to enforce a contractual landlord's lien by seizing and selling or otherwise disposing of the property to which it is attached must deliver written notice of the claim to the tenant. (b) If the tenant fails to s…

Sec. 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…

Sec. 59.044. NOTICE OF SALE. (a) The notice advertising the sale must contain: (1) a general description of the property; (2) a statement that the property is being sold to satisfy a landlord's lien; (3) the tenant's name; (4) the address of the self-service storage facility; and…

Sec. 59.0445. NOTICE TO OWNER AND LIENHOLDERS. (a) This section applies to the enforcement of a lien under this chapter on: (1) a motor vehicle subject to Chapter 501, Transportation Code; (2) a motorboat, vessel, or outboard motor for which a certificate of title is required und…

Sec. 59.045. CONDUCT OF SALE. (a) A sale under this subchapter must be a public sale: (1) conducted at the self-service storage facility or a reasonably near public place; or (2) conducted through an Internet website accessible to the public. (b) The lessor must conduct the sale …

Sec. 59.046. EXCESS PROCEEDS OF SALE. If the proceeds of a sale under this subchapter are greater than the amount of the lien and the reasonable expenses of the sale, the lessor shall deliver written notice of the excess to the tenant's last known address as stated in the rental …

Sec. 59.051. APPLICABILITY. This subchapter applies only to property that is: (1) a motor vehicle, trailer, or semitrailer for which a title or registration is required under Chapter 501 or 502, Transportation Code; (2) a motorboat, vessel, or outboard motor for which a certifica…

Sec. 59.052. TRANSFER OF CERTAIN PROPERTY TO VEHICLE STORAGE FACILITY. 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…

Sec. 59.053. LIEN EXTINGUISHED. A lessor's lien on property towed to a vehicle storage facility under Section 59.052 is extinguished when the property is towed from the self-service storage facility. Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 3, eff. September …

Sec. 59.054. OTHER RIGHTS AND REMEDIES NOT AFFECTED. Except as provided by Section 59.053, this subchapter does not affect any right or remedy of the lessor at law or in equity. Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 3, eff. September 1, 2021.

Sec. 59.055. LESSOR'S LIABILITY FOR PROPERTY. A lessor is not liable to a tenant for any damage to property that the lessor has towed under Section 59.052 that occurs during the tow or after the property is towed from the self-service storage facility. Added by Acts 2021, 87th Le…