Tex. Prop. Code Ann. §§ 91.001–91.006 § 91.004
LANDLORD'S BREACH OF LEASE; LIEN.
Operative Text
Sec. 91.004. LANDLORD'S BREACH OF LEASE; LIEN. (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, the landlord is liable to the tenant for damages resulting from the failure.(b) To secure payment of the damages, the tenant has a lien on the landlord's nonexempt property in the tenant's possession and on the rent due to the landlord under the lease. Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Under Texas Property Code § 91.004, when a landlord fails to comply with any aspect of a lease agreement and the tenant is not in default, the landlord becomes liable to the tenant for any damages that result from that failure. The provision also grants the tenant a specific legal remedy: a lien on the landlord's nonexempt property that the tenant possesses, as well as on any rent the tenant owes to the landlord. This lien serves as a form of security, giving the tenant a recognized legal interest tied to the value of the damages claimed.
Plain English — not legal advice.
Texas Property Code § 91.004 makes clear that landlords who fail to fulfill any lease obligation—while the tenant is current on their own obligations—expose themselves to liability for resulting damages. Compliant operators generally maintain thorough records of lease terms, maintenance requests, and communications to demonstrate ongoing adherence to the agreement. Because a tenant's lien under § 91.004 can attach to property in the tenant's possession and to rent owed, landlords benefit from promptly addressing any alleged lease deficiencies before disputes escalate.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 91.004 of the Texas Property Code establishes that a tenant who is not in default has the right to seek damages when a landlord fails to meet any lease obligation. The provision also gives tenants a lien on the landlord's nonexempt property in their possession and on rent they owe, which can serve as leverage or a legal basis in a civil court proceeding. Tenants who believe their landlord has breached the lease may consider consulting a tenant-rights organization or a licensed Texas attorney to understand how § 91.004 might apply to their circumstances.
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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