Breaking a Lease Tenant skipped out and left some furniture

[HICKEYBILL]

We have a tenant who apparently skipped out owing us rent for January. (all closets, cabinets and cupboards are empty but they left a washer/dryer, bedroom suite and kids bedroom set, couch, chairs and old style tube tv's). A "rent to own company" called and wants to enter to pick up the w/d, and bedroom sets they said our tenant rented from them. The manager said our tenant called him and said he was moving and to come and pick up the stuff.
I sent a certified letter to comply or quit, giving the tenant 5 days to respond to his last know address (my rental unit), but the notice is still in the mailbox. I also posted a lockout notice on the inside of the front door.
I went to the JP's office to start an eviction process, but was told by the clerk that since the tenant abandoned the property, that I didn't need to "evict" them. I do have a security deposit equal to one months rent.
What is my legal position on entering and releasing property. Should I proceed with the eviction process. I know I have 30 days to either refund the security deposit or give an accounting of my expenses, but when does the 30 days start?
The property is in Texas, and we live there also.

 

[disagreeable]

Examples of a reasonable assumption of abandonment include overdue rent, terminated utilities, empty closets and refrigerators, and a statement from a neighbor witnessing the the tenant moving. You have sent a letter requiring notification and received no response. Rent is significantly overdue. I would say the burden is met. The rental company should provide you with all evidence related to ownership and default they have from the former tenant. You should asses it and make a reasonable judgment as to their ownership. Keep the paperwork for your records.

 

[army judge]

In Texas, a JP is not required to be an attorney.
Be careful if they dispense legal advice.
They shouldn't be giving legal advice, neither do county judges or district judges; who are required to be licensed Texas lawyers.

If I were advising you, I'd certainly proceed with the eviction process. In many cases, not doing so is what some of those bums want you to do.

Let's make something VERY, VERY clear!

Our Texas Property Code does not define abandonment, it is up to either the individual lease or a judge to decree abandonment.

Therefore, it is extremely important for a landlord to act carefully when declaring abandonment, especially if the lease does not define it. If nothing exists in the lease about abandonment and the landlord removes all of the tenant's property, a court could consider it to be an illegal eviction in violation of the tenant's rights. This, of course, would be judged on a case-by-case basis.nso, proceed cautiously and with extreme judiciousness.

Here's Texas law on a tenant vacating a property and/or the premises.

http://codes.lp.findlaw.com/txstatutes/PR/8/93/93.002


The following is a list of property that a landlord can seize, known as non-exempt property.
Remember that these items must be found inside the residence or in a storage room at the time of your seizure.

There are some items — even if they are listed on the "non-exempt" list — that a landlord cannot seize. These are items used for a tenant's profession. Some examples include books, tools, computers, musical instruments, and sporting equipment. Whether a particular item can be seized is often based on the tenant's profession at the time of the lien. Many times, the tenant's trade or profession is listed on the rental application.

Some examples of non-exempt property include, but are not limited to:
Televisions, stereos, CD players, and VCRs;
Records, audiotapes, CDs, and VCR tapes;
Answering machines, telephones, sewing machines, and calculators;
Books and paintings;
All furniture — except for one couch, two living room chairs, dining table and chairs, kitchen furniture, and beds;
Personal computers, printers, and typewriters;
Musical instruments, cameras, radios, and clocks; and
All sports equipment — includes tennis rackets, fishing equipment, guns, water skis, bicycles, exercise equipment, golf clubs, softball equipment, archery equipment, underwater gear, motorcycles, and boats.

The Texas Property Code, §54.041 – §54.048, defines the procedures for a contractual landlord's lien. This brochure explains a landlord's lien, identifies property that can be seized, and describes the steps a landlord must follow to seize the property. It also explains what a tenant must do to recover property once it has been seized. Finally, it explains a tenant's recourse for an unlawful seizure of property.


Texas law says a landlord can place a lien on a tenant's non-exempt property for unpaid rent that is due. If a tenant is behind on rent and a written lease gives the landlord permission to exercise this lien on the tenant's property, the landlord may enter the rental unit and take non-exempt property to secure payment of the delinquent rent.

The clause giving the landlord permission must be underlined or printed in conspicuous bold print to be enforceable. The property must be in either the tenant's residence or in a storage room for a landlord to seize the property. A storage room includes an attached garage or a shed.

Any provision in the lease that purports to waive or diminish a right, liability, or exemption of a lien is void. In other words, a section of your lease that tries to give up or lessen a right, liability, or exemption of a lien is not valid.

If the lease gives the landlord a lien on the tenant's property and authorizes the landlord to seize property for unpaid rent, the landlord may only seize the tenant's property if it can be accomplished without a breach of the peace. In other words, a tenant does not have to permit a landlord to enter the tenant's house or apartment. A landlord cannot use force in an attempt to seize the tenant's property. A landlord can, however, return when the tenant is not at home and seize the property at that time. Of course, most landlords will enter the tenant's unit and seize property only when the tenant is absent.

If the landlord seizes property, the landlord must leave a written notice of entry and an itemized list of all the items removed.

The notice and list must be left in a conspicuous place within the dwelling.
The notice must state the amount of delinquent rent and the name, address, and telephone number of the person the tenant may contact regarding the amount owed.
The notice must also state that the property will be promptly returned on full payment of the delinquent rent.
Unless authorized in a written lease, the landlord is not entitled to collect a charge for packing, removing, or storing seized property.

A landlord may seize property if the tenant has abandoned the premises or rental unit

The following is a list of items that a landlord cannot seize, known as exempt property:
Wearing apparel — includes clothes and jewelry, such as rings or watches;
Tools, apparatus, and books of a trade or profession;
School books;
A family library;
Family portraits and pictures;
One couch, two living room chairs, and a dining table and chairs;
Beds and bedding — includes not only the bed, but also the sheets, pillows, and blankets;
Kitchen furniture and utensils — includes all the kitchen appliances, pots, pans, skillets, toasters, microwaves, food processors, and coffee makers;
Food and foodstuffs;
Medicine and medical supplies;
One automobile and one truck — this does not cover motorcycles, bicycles, or a second vehicle;
Agricultural implements;
Children's toys not commonly used by adults — includes dolls and small bicycles;
Goods that the landlord or the landlord's agent knows are owned by a person other than the tenant or an occupant of the residence; and
Goods that the landlord or the landlord's agent knows are subject to a recorded chattel mortgage or financing agreement.

The exemption list applies to all property seized under a landlord's lien. That is, a landlord may not seize and hold exempt property for delinquent rent.