Texas Property Code
§ 54.045 — SALE OF PROPERTY
PR § 54.045Title 5. EXEMPT PROPERTY AND LIENS · Part B. LIENS · Ch. 54. LANDLORD'S LIENS · Art. C. RESIDENTIAL LANDLORD'S LIEN
Statute text
View on source(a)Property seized under Section 54.044 may not be sold or otherwise disposed of unless the sale or disposition is authorized in a written lease.
(b)Before selling seized property, the landlord or the landlord's agent must give notice to the tenant not later than the 30th day before the date of the sale. The notice must be sent to the tenant by both first class mail and certified mail, return receipt requested, at the tenant's last known address. The notice must contain:
(1)the date, time, and place of the sale;
(2)an itemized account of the amount owed by the tenant to the landlord; and
(3)the name, address, and telephone number of the person the tenant may contact regarding the sale, the amount owed, and the right of the tenant to redeem the property under Subsection (e) of this section.
(c)A sale under this section is subject to a recorded chattel mortgage or financing statement. The property shall be sold to the highest cash bidder. Proceeds from the sale shall be applied first to delinquent rents and, if authorized by the written lease, reasonable packing, moving, storage, and sale costs.
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Legislative history
Added by Acts 1985, 69th Leg., ch. 305, Sec. 1, eff. Aug. 26, 1985.