Old Texas Landlord law?

Real Estate Agent · Mineral Wells, TX · Member since 2011 · 58 posts · 5 votes

A few years ago if a tenant owed you rent or damaged your property you could enter the premises and “hold” certain items. It’s an old law I believe but was still could be used. It’s so old you couldn’t take their goat. You CAN take their big screen TV! Score!

Any one out there in Texas know if this is still on the books for us?

I am so over getting hammered by tenants and the laws that protect them….with us taking all the hits.

1 Reply

157 views

Most Popular Reply

Bruce Lynn

Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes

@Joe S. In Texas we don't need the tenant's permission to go in a property. As owners we have the reasonable right to entry. No notice required.

X-Box is the best small asset to confiscate, then iPads. Amazing how fast people call you back on "where is my X-box".

The new system in apartments is to be the internet provider, or have all tenants buy cable/internet thru the owner....as well as electric and water. Can't turn those off, but you can shut off cable/internet. That gets tenants attention very quickly.

3 Reply

See this reply in the discussion

26 Replies

Jump to latestLatest

Sort by

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
5y
Originally posted by @DG H.:
A few years ago if a tenant owed you rent or damaged your property you could enter the premises and “hold” certain items. It’s an old law I believe but was still could be used. It’s so old you couldn’t take their goat. You CAN take their big screen TV! Score!

Any one out there in Texas know if this is still on the books for us?

I am so over getting hammered by tenants and the laws that protect them….with us taking all the hits.

Was that a law from 1824? Because it sure doesn't exist today. You're not even allowed to turn off the water to a rental, no matter how much the tenant owes you. Do you really think the law would allow you to enter the home (without notice) and take their TV?
If that were the case, you'd be hearing about Landlords and Property Managers doing it all the time. It doesn't exist, don't waste your time thinking about it. Find a good eviction attorney and be prepared to pay the piper when a bad tenant comes along. You can also improve your screening process to prevent more bad tenants from getting in and then tighten up your procedures so the bad ones don't get enough time to really cause damage. For example, you don't wait until they are four months behind on rent before you start the eviction process.

The DIY Landlord Book4.7247 Reviews
Website View Page
1 Reply
Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
5y
And you expect them to to just let you Walz right in there and unplug it and haul it out without a fight, or someone pulling a "Hog Leg" on you (???)
https://www.youtube.com/watch?v=o3343LUHNb4
1 Reply
Bruce Lynn
Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
5y
When all else fails...read the law. Most of the time it is not that difficult.
My thought though is if you want to do this, you want to have your attorney check your lease.
There are also likely some laws about what you need to do with the property...like store it in a safe and secure place, provide instructions on how to get it back, how fast you need to return it, etc.
One problem I see with this, is a lot of the stuff that used to be valuable is now not all that valuable. What's a used big screen worth these days? or a used laptop?
SUBCHAPTER C. RESIDENTIAL LANDLORD'S LIEN Sec. 54.041. LIEN. A landlord of a single or multifamily residence has a lien for unpaid rent that is due. The lien attaches to nonexempt property that is in the residence or that the tenant has stored in a storage room. Acts 1983, 68th Leg., p. 3560, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 54.042. EXEMPTIONS. A lien under this subchapter does not attach to: (1) wearing apparel; (2) tools, apparatus, and books of a trade or profession; (3) schoolbooks; (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 landlord or the landlord's agent knows are owned by a person other than the tenant or an occupant of the residence; and (15) goods that the landlord or the landlord's agent knows are subject to a recorded chattel mortgage or financing agreement.
0 Reply
Bruce Lynn
Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
5y
@Nathan Gesner It may not exist where you are, it does exist in Texas. When all else fails, read the landlord/tenant law. Pretty easy to read and publically available.
0 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
5y
Originally posted by @Bruce Lynn:
@Nathan Gesner It may not exist where you are, it does exist in Texas. When all else fails, read the landlord/tenant law. Pretty easy to read and publically available.

You're confusing the issue. His question implies a Landlord can waltz in and take personal property. That is not what this law permits. I own storage units and have a lien on everything stored in them. That doesn't mean I can cut the lock and take something any time the tenant gets behind on rent. We have to follow a legal process.
The DIY Landlord Book4.7247 Reviews
Website View Page
0 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
5y
Here's the entire law: https://statutes.capitol.texas...
OK, so I ignored my own advice and failed to read the law for myself. The Landlord can do it IF it is written into the lease agreement properly and they can remove the items without disturbing the peace. The Landlord cannot charge the tenant for the cost of moving and storage. As soon as the tenant pays, you have to return the property.
When you consider the amount of work required, the risk involved (what if the tenant walks in and thinks you're burglarizing the home?), and the opportunities to make a mistake along the way, wouldn't it just be easier to evict?
The DIY Landlord Book4.7247 Reviews
Website View Page
0 Reply
Scott M.
Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
5y
Would sure make for some exciting news stories.
0 Reply
Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
5y
Most of the things they will have will be on payments or relatively worthless.

I don't think this is a good way to conduct business for either side of the transaction.

Possibly in a Commercial or Office setting, but not residential.

Poor people rent. Poor people have low value (to worthless) things, and things that are not are financed.

Written into a lease or not, I still think (Trying) to take something of value from these people will result in a physical fight or a gun being pulled.

Texas is a hard to collect state, but turning a smoke stained 11 year old big screen into $100 at the pawn shop hardly seems worth the drama/effort/personal risk.

Some people will kill each other over McDonalds Chicken nuggets being out of stock--you never know how people will react to this.

0 Reply
Benjamin E.
Investor · Chicago, IL · Member since 2017 · 72 posts · 13 votes
5y
@DG H. Check out Texas and and the "make my day law". Not sure if still around but I have a funny story about my Law professor in HS challenging me on it existing and my brother being in law school at Texas A&M at the time. Texas has some interesting laws.
0 Reply
Joe S.Pro Member
Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
5y
You go into the property without their permission and then they’ll start telling tales about all the stuff that you took that they never even owned in the first place. If they are purposely not paying you and they signed a lease that they would then they are not truth tellers. How hard would it be for a liar to tell a lie on you? I can hear it now them telling the judge the reason why they want to stay another three years for free is because you stole their mink coats, confiscated their golden coin collection, and took 59 of their $1000 a piece collector cigars. And how you started smoking the first one before you even got out the door As the tenant squeezes onion juice into their eyes for special effects before the judge and mouth wide open reporters.
1 Reply
Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
5y
Gotta love Texas!
0 Reply
Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
5y
This can be done in Texas although it is extremely rare. Non exempt property can be taken although the list of exempt property is lengthy to include guns, cows, Chicken and if I recall correctly a Cowboy hat. In Texas, I always assume a tenant has a gun so no way I would consider this and the is no one does this
The same list of exempt items applies to collecting a judgment. A person can literally own a $1 million homestead and it can’t be touched
3 Reply
Bruce Lynn
Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
5y
@Joe S. In Texas we don't need the tenant's permission to go in a property. As owners we have the reasonable right to entry. No notice required.
X-Box is the best small asset to confiscate, then iPads. Amazing how fast people call you back on "where is my X-box".
The new system in apartments is to be the internet provider, or have all tenants buy cable/internet thru the owner....as well as electric and water. Can't turn those off, but you can shut off cable/internet. That gets tenants attention very quickly.
3 Reply
Scott M.
Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
5y
Da$n. good on you Texas! Surprised we don't hear more about this. Or when things go wrong.
0 Reply
Jerel Ehlert
Attorney · Austin, TX · Member since 2014 · 890 posts · 759 votes
5y
HOLD YOUR HORSES.
Texas homestead exemptions apply to personal property as well as real property. At last check, that included up to $60K in personal, household items.
YOU, Mr./Mrs. Landlord/Property Manager, DO NOT get to pick and choose what to take. Ever.
Tenants DO HAVE the right to quiet enjoyment. You may not just walk in whenever you want.
Texas has a CASTLE LAW. Meaning a tenant can SHOOT YOU DEAD if you attempt to steal their property and never be prosecuted (well, maybe prosecuted but unlikely to be convicted).
Any landlord or property manager who tries to take a tenant's personal property for payment of rent or hold hostage a) is a bloody fool, b) too stupid to own/manage rental property, c) will likely be the reason the Texas legislature cracks down on that stupid law.
Don't be that guy.
3 Reply
Jerel Ehlert
Attorney · Austin, TX · Member since 2014 · 890 posts · 759 votes
5y
Originally posted by @Bruce Lynn:
@Joe S. In Texas we don't need the tenant's permission to go in a property. As owners we have the reasonable right to entry. No notice required.
X-Box is the best small asset to confiscate, then iPads. Amazing how fast people call you back on "where is my X-box".
The new system in apartments is to be the internet provider, or have all tenants buy cable/internet thru the owner....as well as electric and water. Can't turn those off, but you can shut off cable/internet. That gets tenants attention very quickly.

Shutting off utilities, including internet, will get you in hot water so fast it will make your head spin. Not only that, wait until the FCC crawls up your butt and sets up camp. Texas statutes specifically DO NOT permit you to interrupt water or electric for any reason related to rent. Sorry bud, you have to follow the same rules as utility providers in all respects.
See my comments above regarding the advisability of your other comments. Punchline: your interpretation is legally wrong and morally stupid.

0 Reply
Mike ReynoldsPro Member
construction · Nacogdoches, TX · Member since 2011 · 2k+ posts · 1k+ votes
5y
Not a Lawyer but a friend of mine way back in the '80's came home to a new lock on his apt. Then he tried to get his belongings but they told him he could not get them until he paid up. He didnt pay up as he never did. My father told me one day when he saw him with his truck loaded down moving that he was "paying this months rent". He never seemed to live in one place very long.
Today he is actually a productive citizen and pays his bills but they did take his stuff back then at least once. Legal or not.
0 Reply
Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
5y
@Jerel Ehlert I always wonder about internet younger tenants consider it a utility but is it really a utility? It is not regulated by the public utilities commission. I would think it could be considered diminished services if you cut internet but definitely not a utility.
1 Reply
Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
5y
Cutting internet is a good idea.....so many people nowadays have an insane dependence on it.....
1 Reply
Jerel Ehlert
Attorney · Austin, TX · Member since 2014 · 890 posts · 759 votes
5y
Self-help eviction is strictly forbidden in Texas. Period.
Cutting off any services, including internet, is a form of forcible eviction by landlord (i.e., self-help).
What part are you all not getting?
Your opinion on whether internet is a utility is irrelevant. In fact, some medical devices require periodic internet access. I do not advise messing with internet unless you want a personal injury or wrongful death suit.
DON'T BE A DICK.
0 Reply
Bruce Lynn
Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
5y
@Jerel Ehlert One place in the property code I see:
A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.
How would you interpret this, for example in an "all bills paid" situation where the owner is paying the utility, including the internet?
Also how do you interpret:
TITLE 5. EXEMPT PROPERTY AND LIENS
SUBTITLE B. LIENS
CHAPTER 54. LANDLORD'S LIENS
Sec. 54.041. LIEN. A landlord of a single or multifamily residence has a lien for unpaid rent that is due. The lien attaches to nonexempt property that is in the residence or that the tenant has stored in a storage room.
and Sec. 54.044. SEIZURE OF PROPERTY.
You mention tenant's right to quiet enjoyment.....in your opinion does that trump Paragraph 14B in the TAR lease about landlord's right to enter the property at reasonable times without notice?...including entry to exercise a contractual or statutory lien?

You site CASTLE Doctrine.....if the landlord has legally entered the residence, I would think this would not apply, not that I really want to test that. I thought Castle Doctrine was only applicable if someone entered your home or car ILLEGALLY. Of course court is too late to fight this if you're dead. If you use a key or locksmith to enter the property, would this be considered "forcible" entry as required by Castle Doctrine. Castle Doctrine while fairly easy to read has lots of big lawyer words like forcible, aggravated, unlawful, deadly force, kidnapping, sexual assault. Somehow I would think recovering property to satisfy a lien would not fall under those big words.
Of course if you fully read my original post, I would always advise consulting your attorney, before taking advanced measures like these.
I don't think I've ever been to district court to see any of these cases, but have been to JP court many times, and seems like most of the times the JPs are pretty no nonsense.....pretty much looking at the tenant, IF they show up and listens to every excuse under the sun, only to reply...."Did you pay rent?" "Do you have evidence you paid rent".....no....well I am so sorry I can't help you.....NEXT....
You also mention morality in your reply. In my world and thought process, morality means paying your debts.....it means following through on things you say you would do. NOT paying rent in 99% is immoral to me. I've thought about this a lot lately....how can you be super religious and not pay your way?...For every excuse someone has for not paying rent, I probably have 10 solutions on how you could figure it out. Just recently had a tenant tell me about a commercial lease he had co-signed for a brother who took off during Covid and closed the business without telling him. Pretty big obligation for a guy with no money. As with most co-signers he had never thought about the consequences. Many would just bail or declare bankruptcy or try to disappear. This guy said he had learned his lesson, and would do what it takes to pay off the debt...work 2-3 jobs, extra hours, sacrifice, or whatever he had to do, to pay off his obligation. That's being moral in my book.
0 Reply
Jerel Ehlert
Attorney · Austin, TX · Member since 2014 · 890 posts · 759 votes
5y
@Bruce Lynn
You obviously have a hardened position on this matter. Right or wrong, you will not be persuaded by anything I post so I will not get into a point-by-point slugfest.
Policy and statute in TEXAS is this: the SOLE remedy for non-payment of rent in a residential tenancy is found in the FED statutes. If the tenant doesn't pay rent or violates the lease, evict them!
Don't play games about it. All these prior posts are getting some sort of power trip playing games with utilities and property seizure. And yes, if you go into a house to seize property and get shot, that is your own damn (stupid) fault.
Self-help remedies are strictly prohibited. Constructive eviction is strictly prohibited. Shutting off utilities is a form of constructive eviction. Property seizure is a good way to gamble with loosing your rental to pay a judgment.
Failure to comply with the eviction statutes will, at some point, cost you big time. Not only that, state reps will take notice and pass laws to protect voters (and there are more tenant voters than landlord voters). Scumbag landlord tactics are a great way to invite more regulation.
So....if you don't want more regulation, play nice - do an eviction.
1 Reply
Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
5y
@Jerel Ehlert it was me who stated internet is not a utility, it is not. Might be diminished services could definitely fall under self help eviction but not a utility. Where is it specified legally as a utility? A few medical devices have a need for uninterrupted internet access but jumping to wrongful death lawsuits, you are definitely a lawyer.....
That said I don't necessarily agree with the OP but your last post is the only barely civil one in the bunch. Agree or not, don't act like a jerk when you post.
3 Reply
Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
5y
Originally posted by @Colleen F.:
That said I don't necessarily agree with the OP but your last post is the only barely civil one in the bunch. Agree or not, don't act like a jerk when you post.

He's a lawyer.........

2 Reply
Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
5y
From time to time @Jerel Ehlert and I have had disagreements on this forum but he is spot on here. In Texas, evictions are heard by the Justice of the Peace who are elected officials that are not necessarily bound by precedent. There are more than 500 in the state of Texas. While in rural more conservative areas of Texas they are more inclined to not listen to any "story" when a tenant is behind, I guarantee you in places like Austin(Travis County) they cannot wait to here a good tenant story or a violation by the landlord. Most would consider internet a utility. Most of my rentals are in rural towns and I will say there is no way I would confiscate any property even if it is clearly non exempt as I have no desire to be staring down the barrel of a gun.
3 Reply

Join the conversationCreate a free account to reply, vote on answers and follow this thread.