Page 9 - NBIZ Magazine April 2021

process. But before the landlord can relet, the landlord files its UCC Form 1 and perfects it first. The UCC Form 1
has to formally terminate the tenant’s possessions and/or is filed with the Secretary of State's office in Austin and is
terminate the lease. Formal termination or repossession effective for five (5) years unless a continuation statement
is done by a letter to the tenant. Formal letters terminating (UCC Form 3) is filed at least six months before the lapse
possession are required even though the lease may say no period. The lien filing can be a very effective tool in resolv-
notice is needed. I know some landlords are not following ing a tenant’s delinquency. Additionally, the tenant does not
this important step, but formally taking back the premises have to participate in the UCC Form 1 for the landlord to file
by written notice is the proper way to repossess. the document. Here is a sample of a contractual landlord’s
Once formal repossession is achieved, and the property lien that should be in a landlord’s commercial lease form:
manager has changed the locks to the premises, what does
one do with the premises that are filled
with the tenant’s property? First,
the landlord should review the Texas
Property Code, which allows a commer-
cial landlord to send a notice that can
be included in the letter terminating
possession. The letter states that if the
tenant fails to retrieve the property HOUSTON
within sixty (60) days from the date of
the letter, the landlord may dispose of UV & GERMICIDAL
the property as he/she deems appropri- LIGHTING SOLUTIONS
ate. This would effectively deal with the
tenant’s property. And if the tenant does
not make a demand to retrieve the prop-
erty within sixty (60) days, the landlord ASK ABOUT THE
may dispose of it. This only applies to NEW 4-IN-1
property that belongs to the tenant. DISINFECTION CART
Commercial Landlord’s Lien
Now, if one is certain that all the
property belongs to the tenant, and the
sixty (60) days is too long to hold the Why Choose UV Lighting? User-Friendly Systems
FF&E, the landlord may be able to sell Reduce germs, microbes, and viruses Easy-to-use and portable solutions
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the FF&E if the landlord has a contrac- UV lighting can save you money, time, for hospitality, schools, kitchens,
offices, and more
tual lien provision within the lease. If and energy while disinfecting and
the landlord’s lien provision is present, cleaning your facility. Mobile & Temporary Solutions
the landlord may notice a sale as set Commercial buildings have used UV UV Easy-to-use and portable solutions
Commercial buildings have used UV
for hospitality, schools, law
for hospitality, schools, law
out in the provision with a reasonable lighting to promote healthier indoor enforcement, offices, and more
notice which could be as little as seven environments for decades. Its power
(7) days’ notice. This is an efficient way to sterilize has cleaned the drinking Unique Patented Technology
The CELLO 4-in-1 unit utilizes 3
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to dispose of the tenant’s abandoned proven technologies: HEPA
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(NPBI)
sensitive equipment. Hospitals and
(60) days, then never give up a land- medical facilities use this technology to
lord’s contractual right to a lien when disinfect and decontaminate surfaces 4-in-1 Cart Warranty & Support
The Cello Omni 4-in-1 unit comes
negotiating the lease. This provision and tools. The Cello Omni 4-in-1 unit comes
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ted during negotiations, the landlord and germicidal lighting for your facility, lamps, 3 replacement filters, and a
loses the right to sell the property in too. Contact us to learn more. sign to inform employees and
customers that you are disinfecting
a quick private landlord’s sale. Even if your facility
one has the contractual landlord’s lien,
one still must perfect the lien status.
To perfect a contractual landlord’s
lien and possess the first lien on the
property, it is necessary to file a UCC TALK TO AN EXPERT
Form 1 when the lease is signed. (281) 721-0887
Otherwise, one has to take possession WWW.FSG.COM/HOUSTON-LIGHTING
of the property before another creditor
NBIZ ■ April 2021 9