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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37862
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am leasing a warehouse. have been there forn 6 years. i do

Customer Question

i am leasing a warehouse. have been there forn 6 years. i do not have the money for this months rent. what can the landlord do. can he lock the gates and seize all my machinery etc.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: texas
JA: Has anything been filed or reported?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses, but rest assured, I am working on your question. The website may offer a phone call option, but it is optional.

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If your original lease contract doesn't have a "lock out" clause in it, then the landlord can't lock you out of the property and would have to pursue a formal eviction action and get a judgment and writ of possession that the sheriff would execute before he could regain possession.

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As for taking property, landlords in Texas have a lien on personal property of a tenant for delinquent rent subject to certain exemptions. You can see all the exemptions here along with a discussion about the lien:

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http://www.texastenant.org/landlord_took_property.html

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But the landlord can't take "2. Tools, equipment, and books of the tenant's trade." so if your machinery and other items falls into that category, it is safe.

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thanks

Barrister