A petition to foreclose a lien, such as the one below, should be used with actions to seize property.
This form assumes that the lien being enforced is a commercial landlord’s lien, as described in Tex. Prop. Code §§ 54.021–.025. It should be modified as appropriate for residential or agricultural landlord’s liens. It also assumes that attorney’s fees are recoverable under a provision in the lease. If there is no such provision, attorney’s fees are recoverable under chapter 38 of the Texas Civil Practices and Remedies Code if timely demand is made. See section 1.23 in this manual.
See section 14.10 for other forms of party designation. See also section 14.2 regarding exercising caution in pleading conditions precedent.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Petition and Application to Foreclose Landlord’s Lien
1.Parties. Plaintiff is [name of plaintiff] (“Plaintiff”), whose address is [address, city, state]. Defendant is [name of defendant] (“Defendant”), who can be served with citation at [address, city, state].
2.Jurisdiction. This [District] Court has jurisdiction of this matter under Tex. Const. art. V, § 8, and Tex. Gov’t Code § 24.008.
3.Venue. Venue is proper in [county] County, Texas, under Tex. Civ. Prac. & Rem. Code § 15.0115(a) as all or part of the real property the subject of the parties’ lease is located in [county] County, Texas.
4.State of Claim for Relief. Pursuant to Tex. R. Civ. P. 47, Plaintiff states that it is seeking monetary relief of $[amount] and nonmonetary relief.
5.Facts. On [date], Plaintiff as landlord and Defendant as tenant entered into a lease by which Plaintiff leased to Defendant the real property located at [address, city, county] County, Texas. Defendant agreed to pay Plaintiff $[amount] per [time period] as rent. Defendant now owes Plaintiff $[amount] but has failed to pay Plaintiff. [Include any other relevant facts, such as dates of demand letters.] A copy of the lease is attached as Exhibit [exhibit number/letter] and incorporated by reference.
6.Lien. Plaintiff holds a landlord’s lien on [describe property] under section 54.021 of the Texas Property Code [include if applicable: and a security interest in the property under section 9.203 of the Texas Business and Commerce Code]. Plaintiff has the right to foreclose the lien as prescribed by law to satisfy Plaintiff’s claim for rent due and unpaid.
7.Conditions Precedent. All conditions precedent have been performed or have occurred.
8.Attorney’s Fees. Defendant’s failure to pay the rent due Plaintiff has made it necessary for Plaintiff to employ the undersigned attorney to file suit. The lease provides that Defendant is liable for Plaintiff’s attorney’s fees in the event of default. Reasonable fees for the attorney’s services rendered and to be rendered through trial and appeal are in the minimum amount of $[amount].
9.Prayer. Plaintiff prays that—
a.Defendant be cited to appear and answer;
b.Plaintiff be granted judgment for $[amount] as the principal amount due on the debt;
c.Plaintiff be granted foreclosure of the landlord’s lien against the property described in this petition;
d.Plaintiff be granted judgment for prejudgment and postjudgment interest at the highest legal or contractual rate allowed by law;
e.Plaintiff be granted judgment for at least $[amount] as reasonable attorney’s fees, with additional contingent amounts in the event of appellate proceedings;
f.Plaintiff be granted judgment for all costs of court; and
g.Plaintiff be granted all further relief to which Plaintiff may be entitled.
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]