Texas Property Code Title 5, Chapter 59 - Self-service Storage Facility Liens

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 59.001 - Definitions
  In this chapter: (1) "Lessor" means an owner, lessor, sublessor, or managing agent of a self-service storage facility. (1-a) "Military service" means: (A) military service...
• Texas Section 59.002 - Applicability
  This chapter applies to a self-service storage facility rental agreement that is entered into, extended, or renewed after September 1, 1981. Acts 1983, 68th Leg.,...
• Texas Section 59.003 - Applicability Of Other Statutes
  (a) The following provisions do not apply to a self-service storage facility: (1) Subchapter B, Chapter 54; (2) Chapter 70; and (3) Chapter 181, Health...
• Texas Section 59.004 - Variation By Agreement And Waiver
  Except as expressly provided by this chapter, a lessor or tenant may not vary the provisions of this chapter by agreement or waive rights conferred...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER B LIEN

• Texas Section 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...

SUBCHAPTER C ENFORCEMENT OF LIEN

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 59.045 - Conduct Of Sale
  A sale under this subchapter must be a public sale at the self-service storage facility or a reasonably near public place. The lessor must conduct...
• Texas Section 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...

Last modified: September 28, 2016