Tenant Moved out, 3 day notice served...furniture & trash left

Tenant Moved out, 3 day notice served...furniture & trash left

Real Estate Professional · Newark, TX · Member since 2017 · 4 posts · 0 votes

Hey guys/gals! I've read several articles, but still not sure of my next step. I'm in Texas, I had a renter tell me on 9/3 that he wouldn't be able to pay rent until 9/8. I put a 3 day notice on the door and mailed a copy on 9/5. 

On 9/8, I texted him about rent and got no response. That afternoon, I went by the property and they had a Uhaul backed into the driveway. I went up and talked to the wife, and she told me they were moving out. This was the first time I heard anything about moving. She said they would be out that day or the next. On the evening of 9/9, I drove by the property and they were still loading stuff in the Uhaul. I texted the guy and asked what his plan was. He said he'd return keys to me on Monday 9/10. 

I get a text Monday afternoon that the keys were in the mailbox. When I went to the house that evening, it was still full of furniture and trash. 

My question is this still technically abandoned property, or is it just junk they left behind? The furniture that was left was really beat up and the house now has a bad roach problem. I read articles about cataloging everything and sending them a notice to claim it within a certain time frame. To me it's stuff he didn't want and not really abandoned? He's not answering any texts what he wants us to do with the stuff. I know I can throw the obvious trash out. Just wanted to see if you could provide a little guidance before I go to an attorney. 

I really want to get in there and clean and exterminate. 

Thank you in advance. 

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Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
8y

Throw the crap out and roach bomb the place.

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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    8y

    Hi Marcus,

    I am not an attorney, nor do I play one on television, but hope this may be helpful in leading your in the right direction.

    First off, check you landlord tenant laws on abandonment/move out etc... laws before proceeding. Usually when someone has put in writing to you that they have moved out, turned in their keys and rent has not been paid, it is typically now in your possession. At this point you would change the locks, survey the property for damages and work to be done for rent ready. Change locks, utilities on and make your claim on security deposit within your allocated time in Texas.

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    Abandoned property laws may still apply, depending on your state regulations. First, confirm your abandoned property laws. It is good that he texted you to tell you that the keys were in the mailbox, save that text.

    If your local laws  say you must store his property, you can send him a message stating you want his release to throw away anything left. If you aren't asking for money, he may respond. If he doesn't, you can tell him you will agree not to pursue him for damages if he gives you the ok to throw everything away. This may save you some time/money but I would only do this if I had no intention of going after him for a judgement.

  • Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    8y

    I would deduct from the security, ask him to pay for additional damages AND throw everything out that he left after leaving the keys in the mailbox. You have proof that they have vacated the property (save that text)...in fact, respond to the text with something like, "I am acknowledging that you have vacated the property as of X date, and have surrendered the keys. We will survey the property and deduct any damages and cleaning beyond normal wear and tear from your security deposit. According to (law/statute/ordinance), we will provide a summary of deductions within X days from your move out date."

    NEVER agree to not pursue damages, always leave your options open. Laws may say you have to store property, but anything abandoned after surrendering keys is trash!!!

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y
    Originally posted by @Ray Harrell:

    NEVER agree to not pursue damages, always leave your options open. Laws may say you have to store property, but anything abandoned after surrendering keys is trash!!!

    From my understanding, abandoned property laws are there specifically to address items that are left after surrendering keys. If keys have not been turned over then the unit is still in the renters possession, and thus no property is abandoned yet. Throwing out tenants property without following proper procedures can come back to bite you when the tenant claims there was a priceless diamond necklace in the end table you carelessly threw away.

    As always, state laws will be the best guide.

    I do agree with your other points though.

  • Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    8y

    Property laws are for tenants who have not indicated they have moved out, but you have not seen or heard from them. In that case you have to allow for so many days or put stuff in storage. If they tell you they have moved out and given you keys, then they have surrendered possession of the property and the contents.

    But as always, check your local laws FIRST! Maybe your laws state that the tenant has possession until the end of the lease even if they say they have moved and haven't paid. I've seen weirder things!!!

  • Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
    8y

    Throw the crap out and roach bomb the place.

  • Real Estate Professional · Newark, TX · Member since 2017 · 4 posts · 0 votes
    8y

    I may contact the city housing authority and see if I can get anywhere with them. I've read most of the sections of Texas property laws that relate to landlord-tenant, and it doesn't specify anything about abandonment in regards to landlord-tenant. I did find one section that if they were past due on rent then items in the house are surrendered, but it has to be in the signed lease. The only other state specific items I could find said refer to case law. Then again, I'm not a lawyer and may have missed something.  

    In the meantime, I'll move the rest to the garage and get everything else rent ready. 

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    8y

    I believe Ray is correct...once they turn the keys over, they have surrendered the property and all it contents.... you can do whatever you want with it.

    Abandonment laws are for when tenants just disappear and you don't get notified or keys etc..... at that stage you don't know what they are doing....they may show up again and wonder where all their stuff is....in hos cases, you have to store it etc.

    You spoke and witnessed the move out and got keys.... its back in your possession and you can do whatever you want

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    8y

    Texas answer.  You as a landlord in Texas by statute can declare a property abandoned.  The law does not clearly define what is to be considered abandoned.  I have done this myself many times over 25+ years

    Leaving keys in a mailbox and viewing a Uhaul, I would have ZERO issue declaring the property abandoned and removing the trash and getting the property ready for rent.....absolutely none

  • Real Estate Professional · Newark, TX · Member since 2017 · 4 posts · 0 votes
    8y

    Thank you Greg. We cleaned out the house this evening and put any furniture in the garage. His lack of response to my text, after he told me the keys were in the mailbox, will stand as he doesn't want the stuff.

    All the trash, all 25 bags were placed in the back yard. I'll haul them to the dump in a few days. As infested as all the furniture was, I should have drug it out to the back and burned it. I put out 20 large and small bait traps and lit off 3 bombs in the house. I'll go back Thursday and put out gel around plumping entry points and light off 3 more. It may be premature until we can get the stuff in the garage out, but it's cheap. Then, I'll have the bug guy come out and spray (I think I'll include this in my next lease, just for an excuse to go in and inspect). It's just gross getting in there to clean.  

    Thank you for all the input. I feel comfortable enough to proceed. Now, I'm off to figure out how to clean up all the roach mess/droppings/dead bodies. 

  • Real Estate Agent · Worcester, MA · Member since 2018 · 519 posts · 410 votes
    8y

    I had a similar issue about 20 years ago and when I went to my Attorney, he simply said, "you should be glad they moved out" .  The implication is that they could have stayed (in MA the tenants have lots of rights) and simply not paid rent and trashed the place.  Be happy they are gone and you can move forward.

  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    8y

    Curious for updates?

  • Real Estate Professional · Newark, TX · Member since 2017 · 4 posts · 0 votes
    7y

    Update: it only took six weeks, but appears we are now roach free. Spent the weekend cleaning and going through our punch list. Their stuff was hauled to the dump after a week. 

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