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mochi
Jun 4, 2010, 05:18 PM
I have a small rental in Ft Worth, TX. We have been having issues with one tenant. She had several notices for non payment, then we were contacted by our other tenant (its a duplex) stating that she was worried because she hadn't seen the 1st tenant in 3 weeks. We left tenant 1 a message letting her know according to her lease she was approaching being kicked out for abandonment. Then had a police walk through in case something was wrong. The policewoman stated it had been abandoned since the 10th of May.

A few days later the tenant contacted me, and in writing stated she was going to leave the apartment and have it cleaned out by Tuesday, June 1st. I went today, June 4th to change the locks and found a full apartment. Clothing, dishes and a TV were gone. Everything else was there.

Is it my responsibility to store her things? 30 days? OR did she void that right when she declared that she would be out by a set date?

Other details that might have some bearing on the correct course of action. Our lease outlines that 7 days gone from the apartment with an outstanding rent is considered abandonment. The water has been off for over a week, the electric was still on, I do not know about her gas service yet. I have her note in writing stating she would take her things and have it cleaned by the 1st of June. I have posted notices on the door stating it is abandoned as of June 1st. The lease does not specify how long we will store her things after abandonment.

Thank you in advance for your consideration. :)

mochi
Jun 4, 2010, 05:22 PM
Goodness... the title is supposed to be 'Abandonment' I don't know where those extra letters came from. Lol

AK lawyer
Jun 5, 2010, 07:32 AM
...
Is it my responsibility to store her things? 30 days? OR did she void that right when she declared that she would be out by a set date?
...

Everything you need to know is probably right here (http://abandonedproperty.uslegal.com/self-storage/texas-abandoned-property-self-storage-law/). Store it the required period for the sale, sell it, and hold any excess proceeds for two years.

ScottGem
Jun 5, 2010, 07:36 AM
Something weird has been going on with subject lines for a while. No worries.

To be on the safe side place the items in a storage facility and inform the tenant that you have done so. Inform her that the facility rental expires after one month at which time her belongings would be disposed of. Many storage facilities will give you one month free.