Common use of Contractual Lien Clause in Contracts

Contractual Lien. All of Resident’s personal property in the room or unit or on the premises (except exempt by statute) is hereby subjected to contractual landlord’s lien to secure payment of delinquent rent and other sums due and unpaid under this contract. In order to exercise contractual lien rights, CHEA representatives may peacefully enter the premises and remove and store all property therein, except property exempt by statute; provided, however Resident must be present at the time or written notice of entry shall be left following such entry. In order to clear an abandoned room or unit, a CHEA representative may enter the room or unit and remove and store all property of every kind encountered therein. If Resident is absent from premises for 7 consecutive days during the term of the contract, without written notice, while all or any portion of the rent is delinquent, the premises shall be deemed abandoned. There shall be no sale or disposition of any of the foregoing property, except pursuant to this contract. CHEA will impose reasonable charges for packing, removing, and\or storing such abandoned or seized property, and may sell same at public or private sale (subject to any recorded chattel mortgage) after thirty days written notice of time and place of sale is sent, certified mail, return receipt requested, to the Resident at the above room or unit address and permanent address. Sale shall be to the highest cash bidder, proceeds shall be first credited to the cost of sale, then applied to the indebtedness owing CHEA. Any excess proceeds shall be mailed (by CHEA check) to resident at the above room or unit address or permanent address. Acceptance of rent or any other sum due is not a waiver of CHEA’s right to eviction, damages, or past due rent, if suit has been filed at the time of acceptance.

Appears in 2 contracts

Samples: Contract for Living Accommodations, Contract for Living Accommodations

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Contractual Lien. All To secure payment of Resident’s delinquent rent and all other sums due and unpaid under this agreement, all personal property in the room or unit or on the leased premises (except property exempt by statute) is hereby subjected to contractual landlord’s lien to secure payment of delinquent rent and other sums due and unpaid under this contractlandlord lien. In order to exercise contractual lien rights, CHEA representatives Landlord or Landlord’s Representative may peacefully enter the leased premises (and any storage facility) and remove and store all property therein, except property exempt exempted by statute; provided, however Resident however, Tenant must be present at the time or written notice of entry shall must be left following such entryafterward. In order to clear an If Tenant has abandoned room the leased premises, or unithas been evicted by judicial process, a CHEA representative Landlord, Landlord’s Representatives or law officers may enter the room or unit and remove peaceably enter, remove, and store all property of every kind encountered thereinstill remaining in or on the leased premises. If Resident is absent Tenant’s absence from premises the leased premised for 7 five (5) consecutive days during the term of the contract, without written notice, while all or any portion of the rent is delinquent, the premises delinquent shall be deemed abandonedan abandonment of the leased premises. There shall be no sale or disposition of any of the foregoing property, property except pursuant to this contractthe agreement. CHEA will Landlord shall impose reasonable charges for packing, removing, and\or packing and storing of such abandoned or seized property, and Landlord may sell same such property at public or private sale (subject to any recorded chattel mortgage) after thirty (30) days written notice of time and place of sale is sent, sent by certified mail, return receipt requested, mail to the Resident Tenant at the above room or unit address and permanent leased premise address. Sale shall be to the highest cash bidder, ; proceeds shall be first credited to the cost of salesale and then indebtedness owed by Tenant to Landlord; and surplus, then applied to the indebtedness owing CHEA. Any excess proceeds if any, shall be mailed (by CHEA check) to resident Tenant at the above room or unit address or permanent leased premises address. Acceptance It is agreed that none of rent the above procedures shall necessitate prior court hearing or subject Landlord to any other sum due is not a waiver of CHEA’s right to eviction, damages, or past due rent, if suit has been filed at the time of acceptanceliability.

Appears in 1 contract

Samples: Lease Agreement

Contractual Lien. All of Resident’s personal property in the room or unit or on the premises (except exempt by statuteunder Texas Property Code sec. 54.042) is hereby subjected to a contractual landlord’s lien to secure payment of delinquent rent and other sums due and unpaid under this contract. In order to exercise contractual lien rightsIf Resident’s rent is delinquent, CHEA representatives may peacefully enter the premises room or unit and remove and and/or store all property thereinsubject to lien. After the property is removed, except property exempt by statute; provided, however Resident must be present at the time or a written notice of entry shall must be left following such entryin a conspicuous place in the room or unit including a list of items removed, the amount of delinquent rent due, and the name, address, and phone number of the person to contact. The notice must also state that the property will be promptly returned when the delinquent rent is fully paid. In order to clear an abandoned room or unit, a CHEA representative may enter the room or unit and remove and store all property of every kind encountered therein. CHEA will not be liable for casualty, loss, damage, or theft of the stored property, and CHEA will impose reasonable charges for packing, removing, or storing such abandoned or seized property. If Resident is absent from premises for 7 consecutive days during the term of the contract, without written notice, while all or any portion of the rent is delinquent, the premises shall be deemed abandoned. There shall Except for animals and property removed after the death of a sole resident, CHEA may throw away or give to a charitable organization all personal property left in the room or unit after surrender or abandonment. Property not thrown away or given to charity may be no sale or disposition disposed of any of the foregoing property, except pursuant to this contract. CHEA will impose reasonable charges for packing, removing, and\or storing such abandoned or seized property, and may sell same at only by public or private sale (subject to any recorded chattel mortgage) after thirty days written notice of time and place of sale sale, itemized amounts owed, and the name, address, and phone number of the person to contact is sent, certified mail, return receipt requested, sent to the Resident at the above room or unit address and permanent address. Sale shall must be to the highest cash bidder, proceeds shall must be first credited to the cost of sale, then applied to the indebtedness owing CHEA. Any excess proceeds shall must be mailed (by CHEA check) to resident at the above room or unit address or permanent Resident’s last known address. Acceptance of rent or any other sum due is not a waiver of CHEA’s right to eviction, damages, or past due rent, if suit has been filed at the time of acceptance.

Appears in 1 contract

Samples: Contract for Living Accommodations

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Contractual Lien. All of Resident’s personal property in the room or unit or on the premises (except exempt by statute) is hereby subjected to contractual landlord’s lien to secure payment of delinquent rent and other sums due and unpaid under this contract. In order to exercise contractual lien rights, CHEA representatives may peacefully enter the premises and remove and store all property therein, except property exempt by statute; provided, however Resident must be present at the time or written notice of entry shall be left following such entry. In order to clear an abandoned room or unitroom, a CHEA representative may enter the room or unit and remove and store all property of every kind encountered therein. If Resident is absent from premises for 7 consecutive days during the term of the contract, without written notice, while all or any portion of the rent is delinquent, the premises shall be deemed abandoned. There shall be no sale or disposition of any of the foregoing property, except pursuant to this contract. CHEA will impose reasonable charges for packing, removing, and\or storing such abandoned or seized property, and may sell same at public or private sale (subject to any recorded chattel mortgage) after thirty days written notice of time and place of sale is sent, certified mail, return receipt requested, to the Resident at the above room or unit address and permanent address. Sale shall be to the highest cash bidder, proceeds shall be first credited to the cost of sale, then applied to the indebtedness owing CHEA. Any excess proceeds shall be mailed (by CHEA check) to resident at the above room or unit address or permanent address. Acceptance of rent or any other sum due is not a waiver of CHEA’s right to eviction, damages, or past due rent, if suit has been filed at the time of acceptance.

Appears in 1 contract

Samples: Contract for Living Accommodations

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