Tex. Prop. Code Ann. §§ 54.041–54.048, 54.901 § 54.044
SEIZURE OF PROPERTY.
Operative Text
Sec. 54.044. SEIZURE OF PROPERTY. (a) The landlord or the landlord's agent may not seize exempt property and may seize nonexempt property only if it is authorized by a written lease and can be accomplished without a breach of the peace.(b) Immediately after seizing property under Subsection (a) of this section, the landlord or the landlord's agent shall leave written notice of entry and an itemized list of the items removed. The notice and list shall be left in a conspicuous place within the dwelling. The notice must state the amount of delinquent rent and the name, address, and telephone number of the person the tenant may contact regarding the amount owed. The notice must also state that the property will be promptly returned on full payment of the delinquent rent.(c) Unless authorized in a written lease, the landlord is not entitled to collect a charge for packing, removing, or storing property seized under this section.(d) If the tenant has abandoned the premises, the landlord or the landlord's agent may remove its contents. Acts 1983, 68th Leg., p. 3561, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 305, Sec. 1, eff. Aug. 26, 1985.
Under Tex. Prop. Code § 54.044, a landlord's ability to seize a tenant's personal property for unpaid rent is tightly restricted. Only non-exempt property may be seized, and only when a written lease expressly authorizes it and the seizure can occur without a breach of the peace. After any lawful seizure, the landlord must immediately leave a written notice and itemized list in a visible spot inside the dwelling, stating the amount owed, contact information, and a commitment to return the property upon full payment of delinquent rent. Charges for packing, removing, or storing seized items are not permitted unless the written lease specifically allows them.
Plain English — not legal advice.
Property owners and managers operating under Tex. Prop. Code § 54.044 generally ensure that any lease clause authorizing seizure of non-exempt property is clearly written and that any seizure is carried out without confrontation or breach of the peace. Immediately following a seizure, a compliant operator leaves a written notice and a complete itemized list in a conspicuous location inside the unit, including the delinquent amount, contact details, and a statement that property will be returned upon full payment. Operators also avoid assessing packing, removal, or storage fees unless the written lease explicitly grants that right, and they handle abandoned-premises situations under the separate allowance provided in subsection (d).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 54.044 provides tenants with meaningful protections against improper seizure of their belongings — exempt property cannot be taken at all, and non-exempt property can only be seized if a written lease authorizes it and no breach of the peace occurs. If a seizure does take place, tenants have the right to receive an immediate written notice and itemized list left inside the dwelling, along with contact information and confirmation that full payment of delinquent rent will result in the property's return. Tenants who believe a seizure violated § 54.044 — for example, because no written lease authorization existed, because fees were improperly charged, or because required notices were not left — may consider consulting a tenant-rights organization or legal aid provider to understand available remedies.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation