Legal Question in Landlord & Tenant Law in Texas

Contractural Landlord Lien

My apartment complex seized some property out of my apartment for late payment. They did leave me a list of item taken from the apartment and how to get it back. However, In my lease it does state that they may do this but I have been told that if the lease does not put this clause in bold type or underlined or in a conspicous place that part is void. Is this true? They also damaged part of my entertainment center upon removal of these items. I have just sent in full payment for late rent as given to me on their notice.

If the lease portion ''contractural leins'' is not bold or underlined is this considered stealing?

Thanks!


Asked on 9/16/03, 11:16 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Contractural Landlord Lien

Texas statute requires the provision to be in bold print and underlined. (see the Texas Property Code or go to www.tenant.net/Other_Areas/Texas/txlihs/tenadvis.html ). Your remedy would be to sue the landlord for damages in Small Claims Court...and I would ask for treble damages under the Deceptive Trade Practices Act. Best of luck.

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Answered on 9/16/03, 4:53 pm


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