Q: Can this be determined as property abandonment?
Our tenant had rent due on March 16th and did not pay. He then told us he would pay on the 24th. On the night of March the 24th he texted and said he would be moving out by the 26th at 5pm and we could meet him for the keys, but when we got there he was still moving things out. He then asked for a few more hours. Once those hours were up he then asked if he could give us the keys the next morning March 27th . I texted him the next morning that my wife could meet him because she was in the area and he said he was almost done and just had to load the couches. My wife was going down the street around 10am when she saw his U-haul leaving our drive way and that was 4 days ago. I have called and texted the renters to confirm they moved out but they won’t answer. I have also mailed and posted a vacate notice. Could this be considered as abandonment? Can I remove his things from the home and store them safe without getting in trouble? Also can I change the locks?
A:
It depends on the language of your lease agreement with the tenant. Most leases contain a provision similar to the following:
" If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in
which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. "
This is from one of many lease forms available to landlords and tenants in Texas. Assuming your lease has similar language, you may safely remove and dispose of any personal property your tenant left behind except for the couches.
If your lease doesn't have substantially similar language, you cannot count on any personal property left behind being considered abandoned. Without such language, it becomes a fact question whether the former tenant intended to abandon any personal property left behind, which depends on all of the facts and circumstances presented by evidence at trial. Some of those facts and circumstances may not even be known to you. Deliberately disposing of such personal property if it was not abandoned exposes you to the risk of a lawsuit for the fair market value of such property.
If he left the couches behind, your question clearly indicates that he expressly told you he is not abandoning them and plans to return for them. In addition, his failure to surrender the keys to you is some evidence that he intends to return.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
