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    mrschico's Avatar
    mrschico Posts: 2, Reputation: 1
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    #1

    Mar 9, 2008, 12:10 PM
    What is this code? How do I find it?
    My name is Feiona Ruiz and I am an apartment manager. The owners of my complex gave me a Rental agreement which has a specific Article number in it and I would like to know what it is and where I can find it. The Article number is 5236D R.C.S. of Texas. Can you help me please?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 9, 2008, 12:27 PM
    Why not ask them?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Mar 9, 2008, 12:45 PM
    Quote Originally Posted by mrschico
    My name is Feiona Ruiz and I am an apartment manager. The owners of my complex gave me a Rental agreement which has a specific Article number in it and I would like to know what it is and where I can find it. The Article number is 5236D R.C.S. of Texas. Can you help me please?

    I find it in several places, always cross referenced with another section. It APPEARS to be a law that states the landlord does NOT have to place your deposit in an escrow account, bearing interest - but I'm sure someone in Texas knows for sure.

    It is quoted in every form lease from Texas that I can find so it must be standard language.

    Can you quote the language around it in the lease so I can see where it falls?
    mrschico's Avatar
    mrschico Posts: 2, Reputation: 1
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    #4

    Mar 9, 2008, 01:02 PM
    Quote Originally Posted by JudyKayTee
    I find it in several places, always cross referenced with another section. It APPEARS to be a law that states the landlord does NOT have to place your deposit in an escrow account, bearing interest - but I'm sure someone in Texas knows for sure.

    It is quoted in every form lease from Texas that I can find so it must be standard language.

    Can you quote the language around it in the lease so I can see where it falls?


    The language around the Article states "If rent is due and unpaid, the landlord shall have a lien upon all the property found within the rented premises, except property specifically exempt in article 5236D R.C.S. of Texas." Where online can I find this article?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 9, 2008, 01:15 PM
    Quote Originally Posted by mrschico
    The language around the Article states "If rent is due and unpaid, the landlord shall have a lien upon all the property found within the rented premises, except property specifically exempt in article 5236D R.C.S. of Texas." Where online can I find this article?
    Okay - unless you want to read the entire statute (research Texas law 5236D) I found a ruling by searching Mattox Opinion No. JM-510 (I don't know how to post a site).

    And it does in part address the landlord's ability to lien property with rent is not paid.
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