Tex. Prop. Code Ann. §§ 54.041–54.048, 54.901 § 54.043
ENFORCEABILITY OF CONTRACTUAL PROVISIONS.
Operative Text
Sec. 54.043. ENFORCEABILITY OF CONTRACTUAL PROVISIONS. (a) A contractual landlord's lien is not enforceable unless it is underlined or printed in conspicuous bold print in the lease agreement.(b) A provision of a lease that purports to waive or diminish a right, liability, or exemption of this subchapter is void to the extent limited by this subchapter. Acts 1983, 68th Leg., p. 3561, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Under Texas Property Code § 54.043, a landlord's lien created by a lease contract is only legally enforceable if the lien clause is either underlined or printed in conspicuous bold print within the lease document. Additionally, any lease provision that attempts to waive or reduce the rights, liabilities, or exemptions established by this subchapter is void to the extent it conflicts with those statutory protections. In other words, the law sets a floor of tenant protections that private contract language cannot simply write away.
Plain English — not legal advice.
Property owners and managers operating under Texas Property Code § 54.043 generally ensure that any contractual landlord's lien language in their lease agreements is formatted in underlined or conspicuous bold print — without that formatting, the lien provision will not be enforceable. Compliant operators also review their lease terms to confirm that no clause purports to strip tenants of the rights or exemptions guaranteed by this subchapter, since such clauses are void by operation of law. Routine lease audits with a qualified real estate attorney help operators keep their documents aligned with these formatting and substantive requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Texas Property Code § 54.043 provides tenants with meaningful protections regarding a landlord's ability to assert a lien over personal property: if the lien clause in a lease is not underlined or printed in conspicuous bold print, that lien is unenforceable. Tenants may be able to raise this formatting defect as a defense if a landlord attempts to exercise a contractual lien against their belongings. Additionally, any lease language that purports to waive the rights this subchapter grants to tenants is void, meaning tenants retain those statutory protections regardless of what the lease says; a local tenant-rights organization or legal aid office can help tenants understand how these rules apply to their lease.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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