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is an apartment building a residential or non-residential project under the lein laws?

Texas

Trying to determine which catagory we fall into...

2 replies

Feb 22, 2021
Under Chapter 53 of the Texas Property Code, a "Residential construction project" means a contract between an owner and a contractor in which the contractor agrees to construct or repair the owner's residence, including improvements appurtenant to the residence. To be on the safe side, I recommend treating construction work on an apartment building under the rules for a "Residential construction contract." Retain a construction attorney to review your situation, and to provide advice. Good luck.
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Feb 23, 2021

Hello,

An apartment building is generally considered commercial. Reason being: title is not transferred to the each renter of an apartment unit. Title to all property stays with the commercial landlord. Residential would be when the person living there has title to the place. Ex: Purchased (not leased) condo or townhome.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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