Tex. Prop. Code Ann. §§ 54.041–54.048, 54.901 § 54.045
SALE OF PROPERTY.
Operative Text
Sec. 54.045. SALE OF PROPERTY. (a) Property seized under Section 54.044 may not be sold or otherwise disposed of unless the sale or disposition is authorized in a written lease.(b) Before selling seized property, the landlord or the landlord's agent must give notice to the tenant not later than the 30th day before the date of the sale. The notice must be sent to the tenant by both first class mail and certified mail, return receipt requested, at the tenant's last known address. The notice must contain:(1) the date, time, and place of the sale;(2) an itemized account of the amount owed by the tenant to the landlord; and(3) the name, address, and telephone number of the person the tenant may contact regarding the sale, the amount owed, and the right of the tenant to redeem the property under Subsection (e) of this section.(c) A sale under this section is subject to a recorded chattel mortgage or financing statement. The property shall be sold to the highest cash bidder. Proceeds from the sale shall be applied first to delinquent rents and, if authorized by the written lease, reasonable packing, moving, storage, and sale costs.(d) Any sale proceeds remaining after payment of the amounts authorized in Subsection (c) of this section shall be mailed to the tenant at the tenant's last known address not later than the 30th day after the date of the sale. The landlord shall provide the tenant with an accounting of all proceeds of the sale not later than the 30th day after the date on which the tenant makes a written request for the accounting.(e) The tenant may redeem the property at any time before the property is sold by paying to the landlord or the landlord's agent all delinquent rents and, if authorized in the written lease, all reasonable packing, moving, storage, and sale costs. Added by Acts 1985, 69th Leg., ch. 305, Sec. 1, eff. Aug. 26, 1985.
Section 54.045 of the Texas Property Code governs what a landlord may do with a tenant's property that has been seized under the landlord's lien. The property cannot be sold or disposed of unless the written lease expressly authorizes it, and the landlord must provide the tenant at least 30 days' advance written notice—sent by both first-class and certified mail—before any sale takes place. The sale must go to the highest cash bidder, proceeds are applied first to delinquent rent and authorized costs, and any surplus must be returned to the tenant within 30 days of the sale.
Plain English — not legal advice.
Under § 54.045, a landlord who has seized a tenant's property may only proceed to sell it if the written lease explicitly permits such a sale. Compliant operators send the required dual-method notice (first-class and certified mail) to the tenant's last known address no later than 30 days before the sale, ensuring the notice includes the sale date, time, and place, an itemized account of amounts owed, and contact information for redemption inquiries. After the sale, landlords apply proceeds in the order the statute specifies and mail any remaining surplus to the tenant within 30 days, along with a written accounting if the tenant requests one.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 54.045 gives tenants meaningful protections when a landlord has seized personal property under a lien: the landlord cannot sell that property at all unless the written lease authorizes it, and must give at least 30 days' advance notice by both first-class and certified mail before any sale occurs. Importantly, a tenant has the right to redeem the seized property at any time before the sale by paying the delinquent rent and any lease-authorized costs. Tenants who believe a landlord has failed to follow these requirements—such as selling without lease authorization, skipping the notice period, or failing to return surplus proceeds—may wish to consult a tenant-rights organization or legal aid provider to understand available remedies under Texas law.
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 In
Rules and statutes that cite this regulation