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Does a landlord's statutory lien for rent attach to a

Customer Question
Does a landlord's statutory...

Does a landlord's statutory lien for rent attach to a vending machine located inside the leased building?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have been taken so far?

Tenant defaulted under lease owing $44K; they abandoned building leaving vending machines for parts

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
3/16/2018
Lawyer: INFOLAWYER, Attorney replied 4 months ago
INFOLAWYER
INFOLAWYER, Attorney
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Hello and welcome. I am working on your answer and will be right back!

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Lawyer: INFOLAWYER, Attorney replied 4 months ago

The lien normally attaches to equipment and other property within the premises, which tenant has rights to, so if that is the case, and parties cannot settle the claim, yes.

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Lawyer: INFOLAWYER, Attorney replied 4 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
Is the vending machine considered consigned goods for purposes of the landlord's statutory lien for rent
Lawyer: INFOLAWYER, Attorney replied 4 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
if the vending machine is consigned goods, how does the landlord's statutory lien attach?
Lawyer: INFOLAWYER, Attorney replied 4 months ago
If tenant owns it, the lien attaches. If leasing it, it does not. It has to be tenant property.Is that clearer?
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Customer reply replied 4 months ago
what about containers of gas -- the company wants the containers back but the tenant purchased the gas inside
Lawyer: INFOLAWYER, Attorney replied 4 months ago

The containers do not belong to the tenant, so lien would not apply.

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Lawyer: INFOLAWYER, Attorney replied 4 months ago

If lien claimant owns container but not the gas, it would not be able to remove since cannot safeguard the gas.

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Lawyer: INFOLAWYER, Attorney replied 4 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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