Tex. Prop. Code Ann. §§ 54.041–54.048, 54.901 § 54.046
VIOLATION BY LANDLORD.
Operative Text
Sec. 54.046. VIOLATION BY LANDLORD. If a landlord or the landlord's agent wilfully violates this subchapter, the tenant is entitled to:(1) actual damages, return of any property seized that has not been sold, return of the proceeds of any sale of seized property, and the sum of one month's rent and $1,000, less any amount for which the tenant is liable; and(2) reasonable attorney's fees. Acts 1983, 68th Leg., p. 356, ch. 5761, Sec. 1, eff. Jan. 1, 1984. Renumbered and amended by Acts 1985, 69th Leg., ch. 305, Sec. 1, eff. Aug. 26, 1985.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 2, eff. January 1, 2016.
Under Texas Property Code § 54.046, when a landlord or their agent willfully violates the subchapter governing landlord liens and property seizure, the tenant becomes entitled to a specific set of remedies. These remedies include actual damages, the return of any seized property not yet sold or the proceeds from any sale of such property, plus a statutory award equal to one month's rent and $1,000 (minus any amounts the tenant owes). The tenant may also recover reasonable attorney's fees as part of the same action.
Plain English — not legal advice.
Texas Property Code § 54.046 establishes significant financial exposure for landlords or their agents who willfully misuse lien or property-seizure authority under this subchapter. Compliant operators ensure that any exercise of a landlord lien strictly follows the procedural requirements of the subchapter, since willful departures can trigger liability for actual damages, statutory penalties, property return obligations, and the tenant's attorney's fees. Property managers and owners generally maintain clear documentation of any lien-related actions to demonstrate good-faith compliance with the subchapter's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 54.046 of the Texas Property Code gives tenants a legal remedy when a landlord or their agent willfully violates the rules governing landlord liens and property seizure. If such a violation occurs, a tenant may be entitled to recover actual damages, return of seized property or its sale proceeds, a statutory sum of one month's rent plus $1,000 (offset by any amounts owed), and reasonable attorney's fees. Tenants who believe their property was improperly seized may consider consulting a tenant-rights organization or legal aid office to understand the enforcement paths available under this provision.
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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