Texas Property Code - Section 24.0062. Warehouseman's Lien
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§ 24.0062. WAREHOUSEMAN'S LIEN. (a) If personal property
is removed from a tenant's premises as the result of an action
brought under this chapter and stored in a bonded or insured public
warehouse, the warehouseman has a lien on the property to the extent
of any reasonable storage and moving charges incurred by the
warehouseman. The lien does not attach to any property until the
property has been stored by the warehouseman.
(b) If property is to be removed and stored in a public
warehouse under a writ of possession, the officer executing the
writ shall, at the time of execution, deliver in person to the
tenant, or by first class mail to the tenant's last known address
not later than 72 hours after execution of the writ if the tenant is
not present, a written notice stating the complete address and
telephone number of the location at which the property may be
redeemed and stating that:
(1) the tenant's property is to be removed and stored
by a public warehouseman under Section 24.0062 of the Property
Code;
(2) the tenant may redeem any of the property, without
payment of moving or storage charges, on demand during the time the
warehouseman is removing the property from the tenant's premises
and before the warehouseman permanently leaves the tenant's
premises;
(3) within 30 days from the date of storage, the tenant
may redeem any of the property described by Section 24.0062(e),
Property Code, on demand by the tenant and on payment of the moving
and storage charges reasonably attributable to the items being
redeemed;
(4) after the 30-day period and before sale, the
tenant may redeem the property on demand by the tenant and on
payment of all moving and storage charges; and
(5) subject to the previously stated conditions, the
warehouseman has a lien on the property to secure payment of moving
and storage charges and may sell all the property to satisfy
reasonable moving and storage charges after 30 days, subject to the
requirements of Section 24.0062(j) of the Property Code.
(c) The statement required by Subsection (b)(2) must be
underlined or in boldfaced print.
(d) On demand by the tenant during the time the warehouseman
is removing the property from the tenant's premises and before the
warehouseman permanently leaves the tenant's premises, the
warehouseman shall return to the tenant all property requested by
the tenant, without charge.
(e) On demand by the tenant within 30 days after the date the
property is stored by the warehouseman and on payment by the tenant
of the moving and storage charges reasonably attributable to the
items being redeemed, the warehouseman shall return to the tenant
at the warehouse the following property:
(1) wearing apparel;
(2) tools, apparatus, and books of a trade or
profession;
(3) school books;
(4) a family library;
(5) family portraits and pictures;
(6) one couch, two living room chairs, and a dining
table and chairs;
(7) beds and bedding;
(8) kitchen furniture and utensils;
(9) food and foodstuffs;
(10) medicine and medical supplies;
(11) one automobile and one truck;
(12) agricultural implements;
(13) children's toys not commonly used by adults;
(14) goods that the warehouseman or the warehouseman's
agent knows are owned by a person other than the tenant or an
occupant of the residence;
(15) goods that the warehouseman or the warehouseman's
agent knows are subject to a recorded chattel mortgage or financing
agreement; and
(16) cash.
(f) During the first 30 days after the date of storage, the
warehouseman may not require payment of removal or storage charges
for other items as a condition for redeeming the items described by
Subsection (e).
(g) On demand by the tenant to the warehouseman after the
30-day period and before sale and on payment by the tenant of all
unpaid moving and storage charges on all the property, the
warehouseman shall return all the previously unredeemed property to
the tenant at the warehouse.
(h) A warehouseman may not recover any moving or storage
charges if the court determines under Subsection (i) that the
warehouseman's moving or storage charges are not reasonable.
(i) Before the sale of the property by the warehouseman, the
tenant may file suit in the justice court in which the eviction
judgment was rendered, or in another court of competent
jurisdiction in the county in which the rental premises are
located, to recover the property described by Subsection (e) on the
ground that the landlord failed to return the property after timely
demand and payment by the tenant, as provided by this section.
Before sale, the tenant may also file suit to recover all property
moved or stored by the warehouseman on the ground that the amount of
the warehouseman's moving or storage charges is not reasonable.
All proceedings under this subsection have precedence over other
matters on the court's docket. The justice court that issued the
writ of possession has jurisdiction under this section regardless
of the amount in controversy.
(j) Any sale of property that is subject to a lien under this
section shall be conducted in accordance with Section 7.210 and
Subchapters D and F, Chapter 9, Business & Commerce Code.
(k) In a proceeding under this section, the prevailing party
is entitled to recover actual damages, reasonable attorney's fees,
court costs, and, if appropriate, any property withheld in
violation of this section or the value of that property if it has
been sold.
Added by Acts 1985, 69th Leg., ch. 747, § 1, eff. Sept. 1, 1985.
Renumbered from § 24.009 and amended by Acts 1987, 70th Leg., ch.
314, § 2, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 745, §
7, eff. June 20, 1987; Acts 1993, 73rd Leg., ch. 48, § 1, eff.
Sept. 1, 1993; Acts 1999, 76th Leg., ch. 414, § 2.35, eff. July
1, 2001.
Section: 24.005 24.0051 24.0052 24.0053 24.0054 24.006 24.0061 24.0062 24.007 24.008 24.011 25.001 25.002 26.001 26.002
Last modified: August 11, 2007
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