PROPERTY CODE
CHAPTER 59. SELF-SERVICE STORAGE FACILITY LIENS
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
Amended by Acts 2001, 77th Leg., ch. 1124, § 3, eff. Sept. 1,
2001.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
SUBCHAPTER B. LIEN
§ 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, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 117, § 12(a), eff. Sept. 1,
1985.
SUBCHAPTER C. 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.
§ 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, § 1, eff. Jan. 1, 1984.
Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, § 5, eff. Oct.
2, 1984; Acts 1985, 69th Leg., ch. 117, § 12(d), eff. Sept. 1,
1985.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Sept. 1, 1999.
