CHAPTER 59. SELF-SERVICE STORAGE FACILITY LIENS - Texas Statutes

PROPERTY CODE

TITLE 5. EXEMPT PROPERTY AND LIENS

SUBTITLE B. LIENS

CHAPTER 59. SELF-SERVICE STORAGE FACILITY LIENS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 59.001. DEFINITIONS. In this chapter:

(1) "Lessor" means an owner, lessor, sublessor, or managing

agent of a self-service storage facility.

(2) "Rental agreement" means a written or oral agreement that

establishes or modifies the terms of use of a self-service

storage facility.

(3) "Self-service storage facility" means real property that is

rented to be used exclusively for storage of property and is

cared for and controlled by the tenant.

(4) "Tenant" means a person entitled under a rental agreement to

the exclusive use of storage space at a self-service storage

facility.

Acts 1983, 68th Leg., p. 3574, ch. 576, Sec. 1, eff. Jan. 1,

1984.

Sec. 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., p. 3574, ch. 576, Sec. 1, eff. Jan. 1,

1984.

Sec. 59.003. APPLICABILITY OF OTHER STATUTES. (a) Subchapter

B, Chapter 54, does not apply to a self-service storage facility.

(b) Unless a lessor issues a warehouse receipt, bill of lading,

or other document of title relating to property stored at the

facility, the following statutes do not apply to a self-service

storage facility:

(1) Chapter 7, Business & Commerce Code, as amended; and

(2) Chapter 14, Agriculture Code.

Acts 1983, 68th Leg., p. 3575, ch. 576, Sec. 1, eff. Jan. 1,

1984. Amended by Acts 2001, 77th Leg., ch. 1124, Sec. 3, eff.

Sept. 1, 2001.

Sec. 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 by this chapter.

Acts 1983, 68th Leg., p. 3575, ch. 576, Sec. 1, eff. Jan. 1,

1984.

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,

1984.

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. Jan. 1,

1984.

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. 3575, ch. 576, Sec. 1, eff. Jan. 1,

1984.

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, 68th Leg., p. 3575, ch. 576, Sec. 1, eff. Jan. 1,

1984.

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.

SUBCHAPTER B. LIEN

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. 117, Sec. 12(a), eff.

Sept. 1, 1985.

SUBCHAPTER C. 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.

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 before the 15th day

after the day that 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 day that the first notice

is published. If notice is by posting, the lessor may sell the

property after the 10th day after the day that 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.

Sec. 59.043. CONTENTS AND DELIVERY OF NOTICE OF CLAIM. (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;

and

(4) a statement that if the claim is not satisfied before the

15th day after the day that the notice is delivered, the property

may be sold at public auction.

(b) The lessor must deliver the notice in person or by certified

mail 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. Notice by

mail is considered delivered when the notice, properly addressed

with postage prepaid, is deposited with the United States Postal

Service.

Acts 1983, 68th Leg., p. 3577, ch. 576, Sec. 1, eff. Jan. 1,

1984.

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.

(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.

Sec. 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 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.

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.

Sec. 59.047. ADDITIONAL PROCEDURES FOR SALE OF CERTAIN PROPERTY.

A holder of a lien under this chapter on a motor vehicle subject

to Chapter 501, Transportation Code, or on a motorboat, vessel,

or outboard motor for which a certificate of title is required

under Subchapter B, Chapter 31, Parks and Wildlife Code, may

follow the procedures prescribed by Section 70.006 in addition to

the procedures prescribed by this chapter.

Added by Acts 1999, 76th Leg., ch. 70, Sec. 1, eff. Sept. 1,

1999.