Jump to content

Surly lawyers - tenant property question


Recommended Posts

I had some tenants I had to evict due to lack of payment back in December. They finally paid me what was owed (minus late payment fees as I just wanted them out) and ended up moving but they left behind a washer and dryer. I was told a buyer was coming to get it, and that never happened. They then reached out to my realtor asking if she could sell it for them. She said no. So it just stayed in the house. 

A new tenant went in back in January, and he's been excellent. However, they reached out to my realtor yesterday asking to coming pick up W/D.

What are my options here? Am i required to give it back? 

Link to comment
Share on other sites

IANAL(but only if she's ok with it).

From my foreclosure days, most states have a dollar threshold for abandoned personal property.   If it's worth less than X, the landlord can dispose of it however he chooses.  If it's worth more, there are storage requirements, notifications, etc. 

YMMV. I look forward to one of our lawdogs providing the correct answer.

Link to comment
Share on other sites

On 7/18/2023 at 6:22 PM, Pancho said:

I had some tenants I had to evict due to lack of payment back in December. They finally paid me what was owed (minus late payment fees as I just wanted them out) and ended up moving but they left behind a washer and dryer. I was told a buyer was coming to get it, and that never happened. They then reached out to my realtor asking if she could sell it for them. She said no. So it just stayed in the house. 

A new tenant went in back in January, and he's been excellent. However, they reached out to my realtor yesterday asking to coming pick up W/D.

What are my options here? Am i required to give it back? 

It depends on what the lease said. The standard TAR residential lease form permits landlords to basically do whatever you want with any property a tenant leaves after moving out. I expect your lease probably had something similar.  But keep in mind that communications with them post-move may have been sufficient to establish an enforceable agreement that you'd let them pick them up later, particularly if they were via email.  

 

  • Hook 'Em 1
Link to comment
Share on other sites

 

C. Personal Property Left After Move-Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b)-(e), Property Code. (2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment.
 
 
27.2. Removal and Storage of Property. We, or law officers, may— but have no duty to—remove or store all property that in our sole judgment belongs to you and remains in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) after you’re judicially evicted or if you surrender or abandon the apartment. We’re not liable for casualty, loss, damage, or theft. You must pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal property that is: (1) left in the apartment after surrender or abandonment; or (2) left outside more than 1 hour after writ of possession is executed, following judicial eviction. An animal removed after surrender, abandonment, or eviction may be kenneled or turned over to a local authority, humane society, or rescue organization. 
 
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.



×
×
  • Create New...