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Texas Property Code - Section 59.041. Enforcement Of Lien

Legal Research Home > Texas Laws > Property Code > Texas Property Code - Section 59.041. Enforcement Of Lien

§ 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, § 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 117, § 12(c), eff. Sept. 1, 1985.

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Last modified: August 11, 2007