reglab/housing_qa huggingface dataset:
TX Prop § 59.041 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 59 - Self-Service Storage Facility Liens|Subchapter C. Enforcement of Lien|Section 59.041. Enforcement of Lien

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 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.|Acts 1983, 68th Leg., p. 3576, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 117, Sec. 12(c), eff. Sept. 1, 1985.|
TX Prop § 59.042 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 59 - Self-Service Storage Facility Liens|Subchapter C. Enforcement of Lien|Section 59.042. Procedure for Seizure and Sale

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 satisfy the claim on or before the 14th day after the date the notice is delivered, the lessor must publish or post notices advertising the sale as provided by this subchapter.(c)  If notice is by publication, the lessor may not sell the property until the 15th day after the date the notice is first published.  If notice is by posting, the lessor may sell the property after the 10th day after the date the notices are posted.|Acts 1983, 68th Leg., p. 3576, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 5, eff. Oct. 2, 1984;  Acts 1985, 69th Leg., ch. 117, Sec. 12(d), eff. Sept. 1, 1985.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 405 (S.B. 690), Sec. 4, eff. January 1, 2012.|
TX Prop § 59.043 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 59 - Self-Service Storage Facility Liens|Subchapter C. Enforcement of Lien|Section 59.043. Contents and Delivery of Notice of Claim; Information Regarding Tenant's Military Service

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 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.(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.|Acts 1983, 68th Leg., p. 3577, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 405 (S.B. 690), Sec. 5, eff. January 1, 2012.Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 2, eff. September 1, 2021.|
TX Prop § 59.044 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 59 - Self-Service Storage Facility Liens|Subchapter C. Enforcement of Lien|Section 59.044. Notice of Sale

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(5)  the time, place, and terms of the sale.(a-1)  For the purposes of Subsection (a)(5), the place of a sale is:(1)  the physical address of the location of the sale if the sale is conducted at the self-service storage facility or a reasonably near public place; or(2)  the address of the Internet website if the sale is conducted through an Internet website.(b)  The lessor must publish the notice once in each of two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located.  If there is not a newspaper of general circulation in the county, the lessor may instead post a copy of the notice at the self-service storage facility and at least five other conspicuous locations near the facility.|Acts 1983, 68th Leg., p. 3577, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2017, 85th Leg., R.S., Ch. 203 (S.B. 952), Sec. 1, eff. September 1, 2017.|
TX Prop § 59.045 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 59 - Self-Service Storage Facility Liens|Subchapter C. Enforcement of Lien|Section 59.045. Conduct of Sale

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 according to the terms specified in the notice advertising the sale and sell the property to the highest bidder.|Acts 1983, 68th Leg., p. 3578, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2017, 85th Leg., R.S., Ch. 203 (S.B. 952), Sec. 2, eff. September 1, 2017.|
TX Prop § 59.046 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 59 - Self-Service Storage Facility Liens|Subchapter C. Enforcement of Lien|Section 59.046. Excess Proceeds of 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 agreement or in a written notice from the tenant to the lessor furnished after the execution of the rental agreement.  The lessor shall retain the excess and deliver it to the tenant if the tenant requests it before two years after the date of the sale.  If the tenant does not request the excess before two years after the date of the sale, the lessor owns the excess.|Acts 1983, 68th Leg., p. 3578, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 59.051 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 59 - Self-Service Storage Facility Liens|Subchapter D. Towing of Certain Property to Vehicle Storage Facility|Section 59.051. Applicability

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 certificate of title is required under Subchapter B, Chapter 31, Parks and Wildlife Code; or(3)  a motor vehicle, trailer, semitrailer, motorboat, vessel, or outboard motor registered or titled outside this state.|Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 3, eff. September 1, 2021.|
TX Prop § 59.052 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 59 - Self-Service Storage Facility Liens|Subchapter D. Towing of Certain Property to Vehicle Storage Facility|Section 59.052. Transfer of Certain Property to Vehicle Storage Facility

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 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 Section 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 Section 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.|Added by Acts 2021, 87th Leg., R.S., Ch. 99 (S.B. 1181), Sec. 3, eff. September 1, 2021.|
TX Prop § 59.053 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 59 - Self-Service Storage Facility Liens|Subchapter D. Towing of Certain Property to Vehicle Storage Facility|Section 59.053. Lien Extinguished

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 1, 2021.|
TX Prop § 59.054 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 59 - Self-Service Storage Facility Liens|Subchapter D. Towing of Certain Property to Vehicle Storage Facility|Section 59.054. Other Rights and Remedies Not Affected

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.|
TX Prop § 59.055 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 59 - Self-Service Storage Facility Liens|Subchapter D. Towing of Certain Property to Vehicle Storage Facility|Section 59.055. Lessor's Liability for Property

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 Leg., R.S., Ch. 99 (S.B. 1181), Sec. 3, eff. September 1, 2021.|
TX Prop § 62.001 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter A. General Provisions|Section 62.001. Short Title

Sec. 62.001.  SHORT TITLE.  This chapter may be cited as the Broker's and Appraiser's Lien on Commercial Real Estate Act.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.002 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter A. General Provisions|Section 62.002. Applicability

Sec. 62.002.  APPLICABILITY.  (a)  This chapter applies only to real estate that is commercial real estate on the date the notice of lien is filed under this chapter.(b)  This chapter does not apply to:(1)  a transaction involving a claim for a commission of $2,500 or less in the aggregate;  or(2)  a transaction for the sale of commercial real estate involving a claim for a commission of $5,000 or less in the aggregate if the commercial real estate:(A)  is the principal place of business of the record title owner;(B)  is occupied by more than one and fewer than five tenants;  and(C)  is improved with 7,500 square feet or less of total gross building area.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.003 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter A. General Provisions|Section 62.003. Definitions

Sec. 62.003.  DEFINITIONS.  In this chapter:(1)  "Broker" means a person who:(A)  is licensed as a broker under Chapter 1101, Occupations Code, and is not acting as a residential rental locator as defined by Section 1101.002, Occupations Code;  or(B)  is licensed or certified as a real estate appraiser under Chapter 1103, Occupations Code.(2)  "Commercial real estate" means all real estate except:(A)  real estate improved with one to four residential units;(B)  a single-family residential unit, including a condominium, townhouse, or home in a subdivision, if the unit is sold, leased, or otherwise conveyed on a unit-by-unit basis and regardless of whether the unit is part of a larger building or located on real estate containing more than four residential units;(C)  real estate that is or includes on the real estate a person's homestead;(D)  real estate that is not improved with a structure and is:(i)  zoned for single-family residential use;  or(ii)  restricted for single-family use under restrictive covenants that will remain in effect for at least the next two years;  or(E)  real estate that:(i)  is primarily used for farming and ranching purposes;(ii)  will continue to be used primarily for farming and ranching purposes;  and(iii)  is located more than three miles from the corporate boundaries of any municipality.(3)  "Commission" includes a fee or other valuable consideration.(4)  "Commission agreement" means a written instrument that:(A)  entitles a broker to a commission;(B)  is signed by the person obligated to pay the commission or that person's authorized agent;(C)  references the commission amount or describes the formula used to determine the commission amount;  and(D)  contains a description legally sufficient for identification of the real estate interest that is the subject of the agreement if the person obligated to pay the commission is a seller or lessor.(5)  "Deferred commission" means a commission that is earned and is not yet payable.(6)  "Real estate" has the meaning assigned by Section 1101.002, Occupations Code.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.803, eff. Sept. 1, 2003.|
TX Prop § 62.004 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter A. General Provisions|Section 62.004. Payable Commission and Earned Commission

Sec. 62.004.  PAYABLE COMMISSION AND EARNED COMMISSION.  (a)  A commission is payable at the time provided in the commission agreement.  If payment of the commission is conditioned on the occurrence of an event and that event does not occur, the person obligated to pay the commission is not required to pay the commission.(b)  Except as provided by Subsection (c), a commission is earned on the earlier of the date that:(1)  an event occurs that, under the commission agreement, defines when the commission is earned;  or(2)  the person obligated to pay the commission enters into a purchase contract or a lease during the period prescribed by the commission agreement for all or part of the commercial real estate if the purchase contract or lease is contemplated by the commission agreement and if the parties to the purchase contract or lease are contemplated by the commission agreement.(c)  If a broker has earned a commission under a commission agreement relating to a lease transaction and the commission agreement provides that the broker may receive an additional commission when the lease is modified to expand the lease space or renewed, the additional commission is earned when:(1)  the broker performs all the additional services relating to the lease modification or renewal expressly prescribed by the commission agreement;  or(2)  the broker first earned a commission under the commission agreement if the commission agreement does not expressly require the broker to perform additional services relating to a lease modification or renewal.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.005 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter A. General Provisions|Section 62.005. Broker's Address for Receipt of Notice

Sec. 62.005.  BROKER'S ADDRESS FOR RECEIPT OF NOTICE.  A seller, lessor, buyer, or tenant shall send any notice required to be sent to the broker under this chapter to the broker:(1)  at the broker's address as reflected in the records of the Texas Real Estate Commission;  and(2)  at the broker's last address that the broker furnished the seller, lessor, buyer, or tenant by certified mail, return receipt requested, if the broker's license is expired.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.021 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter B. Broker's Lien|Section 62.021. Person Entitled to Lien

Sec. 62.021.  PERSON ENTITLED TO LIEN.  (a)  A broker has a lien on a seller's or lessor's commercial real estate interest in the amount specified by the commission agreement if:(1)  the broker has earned a commission under a commission agreement signed by the seller or lessor of the commercial real estate interest or the seller's or lessor's authorized agent;  and(2)  a notice of lien is recorded and indexed as provided by Section 62.024.(b)  A broker has a lien on the commercial real estate interest purchased by a prospective buyer in the amount specified by the commission agreement if:(1)  the broker has earned a commission under a commission agreement signed by the prospective buyer of the commercial real estate interest or the prospective buyer's authorized agent;  and(2)  a notice of lien is recorded and indexed as provided by Section 62.024.(c)  A broker has a lien on the leasehold interest in the commercial real estate that a prospective tenant leases in the amount specified by the commission agreement if:(1)  the broker has earned a commission under a commission agreement signed by the prospective tenant of the commercial real estate interest or the prospective tenant's authorized agent;  and(2)  a notice of lien is recorded and indexed as provided by Section 62.024.(d)  A lien described by this section is available only to the broker named in the commission agreement.  The lien is not available to an employee or independent contractor of the broker.(e)  The broker's right to claim a lien based on the commission agreement must be disclosed in the commission agreement.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.022 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter B. Broker's Lien|Section 62.022. Waiver, Release, or Discharge of Lien; Assumption of Commission Obligation

Sec. 62.022.  WAIVER, RELEASE, OR DISCHARGE OF LIEN;  ASSUMPTION OF COMMISSION OBLIGATION.  (a)  Except as provided by Subsection (b), the waiver of a broker's right to a lien under this chapter, or a release given for the purpose of releasing the broker's lien before the commission is satisfied or forgiven, is void.(b)  A broker's entitlement to a lien on the interest of an owner or tenant in commercial real estate shall be automatically waived if:(1)  the commission is earned and payable for services provided relating to a lease transaction;  and(2)  the commission agreement is included as a provision of the lease agreement.(c)  A lien under this chapter is discharged by:(1)  a court order discharging the lien;(2)  paying the commission to the broker named in the commission agreement;  or(3)  establishing an escrow account described by Subchapter F. (d)  A person who assumes an owner's or tenant's commercial real estate interest is bound by a commission agreement included in a lease agreement unless an escrow account is established under Subchapter F or a bond is provided under Subchapter G. (e)  This section does not affect the rights of a mortgagee who forecloses on commercial real estate and does not assume the lease on which a commission agreement is based.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.023 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter B. Broker's Lien|Section 62.023. Affidavit Identifying Broker

Sec. 62.023.  AFFIDAVIT IDENTIFYING BROKER.  If requested by the buyer, the buyer's authorized agent, or the escrow agent for the commercial real estate transaction, the seller of commercial real estate and the broker representing the seller shall provide to the requesting party before the closing of the transaction a written affidavit identifying each broker with whom the affiant knows or believes the seller or the seller's authorized agent has signed a commission agreement under which a commission is claimed or earned and has not been paid.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.024 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter B. Broker's Lien|Section 62.024. Filing of Notice of Lien

Sec. 62.024.  FILING OF NOTICE OF LIEN.  (a)  A broker claiming a lien under this chapter may not file a notice of lien unless the commission on which the lien is based is earned.(b)  A broker claiming a lien under this chapter must file a notice of lien as provided by Subchapter C  with the county clerk of the county in which the commercial real estate is located.(c)  The county clerk shall record the notice of lien in records kept for that purpose and shall index and cross-index the notice of lien in the names of the broker, each person obligated to pay the commission under the commission agreement, and each person who owns an interest in the commercial real estate if the broker claims a lien on that interest.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|