Commercial Eviction

Non Residential Tenancies

Question: What does §83.001 do in Chapter 83?

Answer: It defines key terms like “dwelling unit,” “premises,” “rent,” “landlord,” and “tenant” used throughout Chapter 83.

Question: Why is §83.001 important for landlord‑tenant cases?

Answer: Courts and parties must use these definitions when interpreting rights and obligations under Chapter 83.

Question: If a lease defines a term differently than §83.001, which controls?

Answer: The lease definition controls unless it conflicts with law or public policy.

Question: What does §83.01 prohibit?

Answer: Entering or detaining real property without lawful authority—i.e., self‑help possession.

Question: How must a landlord regain possession under §83.01?

Answer: By filing a legal action (unlawful detainer or eviction), not by changing locks or removing the tenant’s property.

Question: Is a landlord allowed to change the locks without a court order under §83.01?

Answer: No, that is unlawful detainer and violates §83.01.

Question: What does §83.02 authorize when a tenant holds over?

Answer: The landlord may recover double rent for the period the tenant unlawfully holds over after notice.

Question: How is double rent under §83.02 triggered?

Answer: The landlord must give written notice demanding possession, and the tenant must refuse to vacate.

Question: Can acceptance of rent waive a claim for double rent under §83.02?

Answer: Yes, accepting rent for the holdover period may waive the double‑rent claim.

Question: What does §83.03 allow a landlord to do?

Answer: Levy distress for unpaid rent by seizing tenant property as security for the debt.

Question: In what type of tenancy is distress under §83.03 available?

Answer: Only in nonresidential (commercial) tenancies, not residential.

Question: How is distress under §83.03 initiated?

Answer: By filing a verified complaint and obtaining a writ authorizing the sheriff to distrain property.

Question: What must a landlord’s complaint for distress under §83.04 include?

Answer: The amount of rent due and facts showing entitlement to distress.

Question: Where must a distress complaint under §83.04 be filed?

Answer: In the county where the property is located.

Question: Can a landlord claim future rent in a distress complaint under §83.04?

Answer: No, only rent already due may be claimed.

Question: What does the distress writ under §83.05 command the sheriff to do?

Answer: Distrain (seize) property on the premises to secure unpaid rent.

Question: Why is a writ required under §83.05?

Answer: Distress is a judicial process; the landlord cannot seize property without court authorization.

Question: Can a distress writ issue without a bond under §83.05?

Answer: No, the landlord must post a bond.

Question: What is the sheriff’s duty under §83.06?

Answer: Levy the writ, inventory the distrained property, and keep it safe—usually on the premises unless removal is necessary.

Question: Why must the sheriff inventory property under §83.06?

Answer: To preserve evidence and prevent disputes over what was seized.

Question: May the sheriff remove distrained property from the premises under §83.06?

Answer: Yes, if necessary for safekeeping.

Question: What can a third person do under §83.07 if their property is distrained?

Answer: File a claim asserting ownership of the property seized.

Question: Why does §83.07 allow third‑party claims?

Answer: To protect non‑tenant owners whose property was wrongfully distrained.

Question: How are third‑party claims under §83.07 prosecuted?

Answer: In the same manner as claims to property levied under execution.

Question: What lien does a landlord have under §83.08?

Answer: A lien on the tenant’s property on the premises for unpaid rent.

Question: In what type of tenancy does the landlord’s lien under §83.08 apply?

Answer: Nonresidential tenancies; it does not apply to residential tenancies.

Question: How is the landlord’s lien under §83.08 enforced?

Answer: Through distress proceedings.

Question: What does §83.09 provide regarding exemptions from the landlord’s lien?

Answer: Certain categories of property—such as tools and essential personal items—are exempt from the lien.

Question: Why does §83.09 create exemptions from the landlord’s lien?

Answer: To protect essential property needed for livelihood and personal use.

Question: Can exempt property under §83.09 be seized in distress?

Answer: No, exempt property cannot be lawfully distrained.

Question: What does §83.10 prohibit regarding distrained property?

Answer: The tenant may not remove or conceal distrained property.

Question: What is the consequence if a tenant removes distrained property under §83.10?

Answer: The tenant is liable for the value of the property and may face additional legal consequences.

Question: What does §83.11 authorize after judgment for the landlord in a distress action?

Answer: Sale of the distrained property to satisfy the rent judgment.

Question: What notice is required before sale under §83.11?