El Paso, TX · Member since 2016 · 24 posts · 3 votes
Hi, looking for some advise...
Tenant is behind on rent, tried working with tenant during the pandemic on a payment plan. Beginning the year is nowhere to be found, although all their belongings are inside the house. I would like to just get the keys and forgive the debt or even probably do a "cash for keys", although as mentioned before, tenant is no where to be found, and her emergency contact (ex-husband) does not know either where she is. He said that he would be willing clean up the house and get everything out, can I get him to sign an agreement to break the lease on her behalf and turn in the keys?
Worst case, how do I serve an eviction notice? what if the tenant never responds to it? can a get a law enforcement office and get in the house?
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
5y
Texas law allows for a landlord to declare a property abandoned. However, they do not clearly state was constitutes abandonment. Some of the criteria I use :
-Majority of contents and valuables removed
-Utilities off
-Have neighbors seen any recent activity
-Mail or newspapers gathering
-Obviously behind on rent
This is an area where you need to use your own judgment and take a risk assessment. If you declare the property abandoned I would most definitely document and catalog all items and store them
Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
5y
Might as well file eviction. Chances are you get default judgement if she doesn't answer complaint. This all goes pretty quickly in most cases. Read the eviction law and follow it and check with the JP in the jurisdiction about filing during Covid-19. Most owners probably file for non-payment of rent, but during Covid you want to check the rules on that. If you can evict for something else, like failure to maintain or not keeping on utilities, that might be better.
Investor · Nashville, TN · Member since 2020 · 38 posts · 57 votes
5y
Agree with @Greg H.. Storing their stuff is one of the next things you want to think about. 3-6 months depending on the state. If you throw their stuff away immediately, a tenant has the right to come back with some months and accuse you of damaged goods and take you to court. Abandoned rentals are quite a burden, but it'll get better after this.
Random thoughts:
You'll want law enforcement to help you enter the rental. I do NOT advise getting a locksmith and entering. :)
Put everything in a local storage unit. Will cost a little, but will be so satisfying when you can give them the keys to the unit and be done with it. (if they came back)
Investor · Lewisville, TX · Member since 2012 · 106 posts · 103 votes
5y
@Carlos Chavez
Regarding the personal property - if your lease does not specifically name the ex as the person who can accept the personal property if the tenant cannot, then I would follow the same procedure as if the ex did not exist. Store the property for the period required by the lease or state law. If unclaimed after that, then you can do what you want with it, including releasing it to the ex (maybe they’ll help with any storage cost). You would be putting yourself at risk by giving the ex the belongings prematurely. I know it’s the easiest path, but not the safest.