Abandonment??

[catrains]

My husband and I bought some land with a mobile home on it. The land had belonged to my dad. My sister had stayed there for a couple of years before we bought it. She moved out, and we bought it. her things are still there. This was well over a year ago. Can we sell or remove her things based on abandonment?
I am aware of the eviciton laws in Texas, and would send her a notice of eviction, but I am not sure of her location. I do know she is still in the area. What other ways of contacting her are legal to stand up in court if she decides to take me to court for removing her things? or what do I do since I am not sure of her location? The notice of eviction is only if I cant use the abandonment laws to my advantage. I need the most timely solution. Thanks.

 

[army judge]

My husband and I bought some land with a mobile home on it. The land had belonged to my dad. My sister had stayed there for a couple of years before we bought it. She moved out, and we bought it. her things are still there. This was well over a year ago. Can we sell or remove her things based on abandonment?
I am aware of the eviciton laws in Texas, and would send her a notice of eviction, but I am not sure of her location. I do know she is still in the area. What other ways of contacting her are legal to stand up in court if she decides to take me to court for removing her things? or what do I do since I am not sure of her location? The notice of eviction is only if I cant use the abandonment laws to my advantage. I need the most timely solution. Thanks.

Before you go the abandonment route, why not invite sis over and let her take her things?

Okay, you don't like that idea, and want the abandonment route.
No need to explain, here's what you do.

In some states, the laws make a distinction between personal property that's "lost" and that which is "abandoned." In practically every state, there's a requirement that you return the tenant's property after he or she demands that it be returned.

"Lost" property is property that a landlord reasonably believes wasn't voluntarily left behind by a tenant. Usually, it's something of significant value, like cash or jewelry, worth $100 or more. In states that recognize "lost" property, you usually need to turn it into the local police or sheriff's department with a statement describing the property, where it was found, and who you think it might belong to. Usually, if the police can't find the owner within a certain amount of time, typically 90 days, you can claim the property.

If the police won't accept the property, then generally you have to treat the property as abandoned.

For "abandoned" property, which is property you find when you re-enter the premises after the lease expired or property that's there after the tenant "abandoned" the apartment, you generally have to:

* Give the former tenant notice, or any other person who you think might own the property, like a subtenant, for instance, that states what the property is, where it can be claimed, how long they have to claim it, what will happen if it's not claimed and how much it'll cost for you to store it
* Hand deliver the notice to the tenant or mail it to his or her last known address
* Sell the property at a public sale with competitive bidding if the property goes unclaimed and if it's worth more than a certain amount, typically somewhere around $300. If the property goes unclaimed and it's worth less than that amount, you can keep it or dispose of it in any way you like (throw it away)
* If you're having a public sale, you have to publish a notice of the sale, usually in the local newspaper. From the sale proceeds, you're entitled to recover your costs of publishing the notice, storing the property and holding the sale. The balance of the proceeds have to be given to the treasurer of the county where the sale took place, and if it goes unclaimed for at least one year, you can claim that money

http://real-estate.lawyers.com/landlord-tenant-law/Abandoned-Property-of-Tenants-or-Renters.html

 

[catrains]

thanks for your very useful information. My sis and I are no longer on "sitting down and discussing things" terms. Sounds like the eviction may be the quicker route. What are my legal options for contacting her if I dont know her address?

 

[army judge]

thanks for your very useful information. My sis and I are no longer on "sitting down and discussing things" terms. Sounds like the eviction may be the quicker route. What are my legal options for contacting her if I dont know her address?

You can send your correspondence to her last known address and publish a notice in a local newspaper with the same information in the letter.

Eviction won't be fast.
It won't be cheap.

You could also allow her to come over and have the police do a civil standby while she takes her crap.
You would also be present. What better witnesses can you have than the police. They also keep the peace.

 

[catrains]

Thanks so much for your help. You definately answered my questions.