Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
I have a tenant whose lease just expired on 12/1. They moved about mid-December across the country. They have left a number of things that they say they will return to pick up, but the date is ambiguous and they are trying to sell the items on Craigslist from a distance.
The substantial items are a nice 30' travel trailer and a swim spa. The swim spa will take a lot to move. It is 14'x7' and will require the removal and replacement of a wall pf windows.
I am working hard to get the home on the market ASAP. It should be ready for MLS by this weekend and I plan to price it to sell. What should I do about my tenants items?
Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
13y
Wow, I have a totally different take on this. If you still have contact with the tenants, make a rock bottom offer to take the stuff off their hands and sell it yourself. If you follow lawful procedures for your state for removal, storage, noticing and sale of abandoned property, you will have to spend money anyway. Most people don't have the skills and follow-through to manage the sale of personal property from out-of-state. But you do! Think opportunity here.
What a nice landlord to accept a tenant's promise to remove personal belongings....from out of state. :) Are you letting the tenants send prospective buyers to the property to check out these items as well?
Investor · Dallas, TX · Member since 2012 · 158 posts · 99 votes
13y
I just spoke with one of our attorneys and she's fairly certain that if the home has been vacated, keys turned in, and lease up- those pieces of property are yours. She's looking up to verify that though, and I will update you on what she tells me.
*typical attorney caveat: this advice should not be considered as legal counsel ;-p
Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
13y
Originally posted by Grant Kemp:
I just spoke with one of our attorneys and she's fairly certain that if the home has been vacated, keys turned in, and lease up- those pieces of property are yours. She's looking up to verify that though, and I will update you on what she tells me.
*typical attorney caveat: this advice should not be considered as legal counsel ;-p
I like local counsel, even if it is unofficial ; )
Investor · Dallas, TX · Member since 2012 · 158 posts · 99 votes
13y
Friday sounds good Jon!
Okay, so here's what she got back to me with after doing some research and......it's unclear lol. The redbook states that a "sufficient amount of time must pass" and that the property is "abandoned"...but it doesn't clearly outline what defines either term even in the commentary.
So here's the bottom line, contact them, send them a certified mail letter that says "you have 3 (or whatever) days to remove these items from my property before I consider them abandoned and I will dispose of them as I please.". That way you have in writing what your definition of the "abandonment" and "sufficient amount of time" clauses mean. Past that they're fair game. At this point they are trespassing.
Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
13y
Originally posted by Grant Kemp:
Friday sounds good Jon!
Okay, so here's what she got back to me with after doing some research and......it's unclear lol. The redbook states that a "sufficient amount of time must pass" and that the property is "abandoned"...but it doesn't clearly outline what defines either term even in the commentary.
So here's the bottom line, contact them, send them a certified mail letter that says "you have 3 (or whatever) days to remove these items from my property before I consider them abandoned and I will dispose of them as I please.". That way you have in writing what your definition of the "abandonment" and "sufficient amount of time" clauses mean. Past that they're fair game. At this point they are trespassing.
Grant: Does your attorney have experience with tenant law and evictions? She shouldn't have to look that up if she has experience in the field. If it were me, that's not someone I'd want advice from in this situation. You want somebody who has been in your local courts and knows how the judges view personal property abandoned by tenants. Lots of RE attorneys do mostly contract law and don't have any experience with tenant laws. It's kind of like the difference between new construction plumbers and maintenance plumbers. Many of the RE attorneys I know don't like to get their hands dirty.
Is it possible that TX law doesn't define abandonment time frames for personal property?
Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
13y
Originally posted by Grant Kemp:
Friday sounds good Jon!
Okay, so here's what she got back to me with after doing some research and......it's unclear lol. The redbook states that a "sufficient amount of time must pass" and that the property is "abandoned"...but it doesn't clearly outline what defines either term even in the commentary.
So here's the bottom line, contact them, send them a certified mail letter that says "you have 3 (or whatever) days to remove these items from my property before I consider them abandoned and I will dispose of them as I please.". That way you have in writing what your definition of the "abandonment" and "sufficient amount of time" clauses mean. Past that they're fair game. At this point they are trespassing.
Tell your attorney source to read the statuts, this is not correct. Further, in tx a past tenant is not trespassing when retrieving personal property, these issues are addressed in the link. They have 30 days from the date notice is postmarked after 30 days the property may be disposed of without liability. If costs are incurred in cleaning out the property, removing property, that is another issue, sue for costs, etc. Texans seem to shoot from the hip a lot....LOL!
Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
13y
The rest of this story. The trailer was stolen off my property. I worked with the tenant's insurance company investigator. The trailer was not recovered as far as I know. The tenant insurance claim was paid. The swim spa was never removed and it went with the house when I sold it last month.