What are considered "Luxury Items" regarding Rent Liens?

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  • Posts: 32
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4 years 8 months ago #36167 by Rachel
My Assistant Manager just told me that her previous manager said she could lien expensive shoes and purses. Have the laws changed? I have not liened anyone since 1992. What are the rules now?
4 years 8 months ago #36167 by Rachel
Leah Love Orsbon
4 years 8 months ago #36216 by Leah Love Orsbon
Replied by Leah Love Orsbon on topic What are considered "Luxury Items" regarding Rent Liens?
Only in Texas from what I know.
4 years 8 months ago #36216 by Leah Love Orsbon
Kim Kaye
4 years 8 months ago #36217 by Kim Kaye
Um no. Best of luck with the IRS ????
4 years 8 months ago #36217 by Kim Kaye
Jessica Gonzalez
4 years 8 months ago #36218 by Jessica Gonzalez
Replied by Jessica Gonzalez on topic What are considered "Luxury Items" regarding Rent Liens?
Houston here
Yes you can
If they have multiple you only take one of each i expensive item it's very weird but texas law allows it.
4 years 8 months ago #36218 by Jessica Gonzalez
Lisa Trosien
4 years 8 months ago #36219 by Lisa Trosien
Ah, for the good old days when you could remove the door and more in Texas.
4 years 8 months ago #36219 by Lisa Trosien
Rose Gallifrey
4 years 8 months ago #36220 by Rose Gallifrey
Another reason I want to move to Texas now lol
4 years 8 months ago #36220 by Rose Gallifrey
Cynthiann King
4 years 8 months ago #36221 by Cynthiann King
Ah, for the good old days when you could confiscate electronics and or put a plug in the front door lock in IN
4 years 8 months ago #36221 by Cynthiann King
Kathy Dyck Whitman
4 years 8 months ago #36222 by Kathy Dyck Whitman
Replied by Kathy Dyck Whitman on topic What are considered "Luxury Items" regarding Rent Liens?
Items have to be sold at a public auction and proceeds applied to the balance.
4 years 8 months ago #36222 by Kathy Dyck Whitman
Shelly Mulder
4 years 8 months ago #36223 by Shelly Mulder
Texas Property Code §54.021 provides a landlord with a statutory lien on a tenant's personal property located in the landlord's building to secure unpaid rent. In effect, the statute divides the lease term into successive 12-month periods beginning on the date of lease commencement, and the lien relates only to rent due for the current 12-month period following the lease commencement date or the most recent anniversary of that date. If the rent becomes more than six months past due, the lien is unenforceable for such past due rent unless the landlord files a lien statement with the county clerk. The statutory landlord's lien terminates one month after the tenant abandons the premises.
The landlord's lien is automatically perfected without any filing requirements at the beginning of each 12-month period. The lien expires and is then re-perfected upon each anniversary of the commencement date. For this reason, the lien will lose priority with respect to any other security interest on the tenant's personal property perfected during the preceding 12-month period.
Because of these limitations, a landlord may require a tenant to grant the landlord a contractual lien in the lease on the tenant's personal property, which the landlord should perfect in accordance with the requirements of the Texas Uniform Commercial Code. A tenant may attempt to have the landlord expressly waive the statutory landlord's lien in the lease. Tenants should be aware that silence does not accomplish the waiver, nor does merely deleting the contractual security interest provision of the lease. Alternatively, the landlord may agree to subordinate its lien to that of a specific creditor of the tenant.
4 years 8 months ago #36223 by Shelly Mulder
Dori J. Brewer
4 years 8 months ago #36224 by Dori J. Brewer
Is this happening now?? I thought landlord liens stopped being legal 30 years ago.
4 years 8 months ago #36224 by Dori J. Brewer
Mel Survivor
4 years 8 months ago #36225 by Mel Survivor
Right, I stopped doing these years ago due to liable.
4 years 8 months ago #36225 by Mel Survivor
Esmeralda Castro de Moreno
4 years 8 months ago #36226 by Esmeralda Castro de Moreno
Replied by Esmeralda Castro de Moreno on topic What are considered "Luxury Items" regarding Rent Liens?
nope still legal in Texas; however many have moved towards not due to liability and safety risks. I personally stopped doing them in 2014
4 years 8 months ago #36226 by Esmeralda Castro de Moreno
Rachele
4 years 8 months ago #36236 by Rachele
Thank you all for your responses. Honestly, I'm shocked! But then again, a Louis Vuitton Bag is worth more than some electronic equipment!
4 years 8 months ago #36236 by Rachele