Handling abandoned property is a common issue faced by landlords, particularly in cases involving breach of lease agreements. While it can seem like a hassle, Texas law provides specific guidelines for landlords to manage such situations. Below, we’ll outline the practical steps landlords can take when dealing with abandoned property.
Understanding Abandonment in Texas
In Texas, abandonment occurs when a tenant breaches the lease, typically by vacating the premises without notice. According to the Texas Association of Realtors (TAR) lease, landlords must deliver a written notice of abandonment. This notice must be affixed inside the property, usually on the door. After providing notice, landlords can declare the property abandoned if no response is received within the legally required timeframe—typically two days.
Handling Personal Property Left Behind
Once abandonment is established, landlords often face the question of what to do with the tenant’s belongings. The TAR lease provides that landlords may discard personal property left behind. Most personal items left by tenants are of minimal value, and it is generally practical to dispose of them in the trash or take them to a landfill.
If landlords encounter valuable items (a rare occurrence), they must adhere to the process outlined in the Texas Property Code, which involves selling the property and following specific legal procedures. However, given the hassle and cost of this process, most landlords opt to dispose of the items unless their value justifies the effort.
Practical Advice for Landlords
- Communicate Clearly: Ensure tenants are aware of their responsibilities under the lease, including the implications of abandonment.
- Follow Legal Protocols: Always issue the required abandonment notice to avoid legal complications.
- Dispose Responsibly: If the items are of low or negligible value, promptly dispose of them to avoid unnecessary clutter or storage costs.