As a landlord in Texas, dealing with abandoned property left by tenants can be a tricky situation. Whether the tenant has left a sofa, old clothes, or other personal belongings behind, landlords must handle the situation legally. Here's a breakdown of how you can manage abandoned property as a Texas landlord.
Understanding Tenant Abandonment
Abandonment typically occurs when a tenant has breached their lease, usually by not paying rent and leaving the property. According to most standard Texas leases, such as the Texas Association of Realtors (TAR) Lease, abandonment is defined as the tenant failing to pay rent and leaving the premises. The TAR lease specifies that once the landlord has delivered a notice of abandonment and given two days for the tenant to respond, the property left behind is considered abandoned.
In the context of abandonment, it's important for landlords to differentiate between abandonment and situations requiring formal eviction. If the tenant is still occupying the property and refuses to leave, the landlord must follow legal eviction procedures before gaining possession of the unit.
What Can Landlords Do with Abandoned Property?
Once the property is legally abandoned, you have two main options:
- Dispose of It: Most standard lease agreements, including the TAR lease, allow landlords to dispose of the abandoned items after the notice of abandonment has been served and the required waiting period has passed. If the items left behind are of little to no value, landlords can legally throw them away. This is the most common route, as tenants typically leave behind furniture or items of little financial worth.
- Sell It: While it’s uncommon for tenants to leave anything of significant value behind, Texas law provides a process for selling abandoned property. Under Texas Property Code Section 92.0081, landlords can sell or auction the items left behind by the tenant. However, this process involves extra work, including storing the property and properly notifying the tenant of the sale. Any funds from the sale are typically used to cover unpaid rent or damage to the property, and the remainder may need to be returned to the tenant.
Handling abandoned property as a landlord in Texas doesn’t have to be complicated if you follow the legal steps outlined in the lease and the Texas Property Code. Most of the time, landlords will find it easier to dispose of the property, but if valuable items are left behind, it’s important to follow the proper procedures to avoid legal disputes. Always make sure your lease agreements are clear on this issue and consult with an attorney if you're unsure of your rights or obligations.
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