I live in Texas and I gave a tenant a 30 day notice. She took the notice off the door and refuses to return my calls or speak to me at all. Also, I have not seen her in weeks. (Her apartment is our guest house so I would see if she comes and goes.) I do not know if she has abandonded the apartment or is simply staying at her boyfriends until she has to be out or what. Of course, I can not find out since she refuses to communicate with me at all. She still has 15 days to be out. My fear is that she will not move out and I will have no way of communicating with her that I am changing the locks in 15 days and will donate the remaining belongings. Can I do that? What should I do?

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Originally Posted by AshleRenee

I will have no way of communicating with her that I am changing the locks in 15 days and will donate the remaining belongings. Can I do that?

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Hello Ashle:

I'd say NO.

Apparently, there's MORE to this story, and it would help US if you clued us in... I say no because you probably have NO record of giving her notice... If you change the locks and get rid of her property, and she sues you for an illegal eviction, the court is going to want to SEE your official notice...

What I would do, is mail her notice once again, only do it by certified mail, return receipt requested. Email MIGHT work. But, you'll have to start the process all over again...

Of course, you've ALREADY done stuff, and it would be DIFFICULT and EXPENSIVE to start over... So, I'd wait till the 1st. Remove her property, and STORE it till the situation resolves itself. Maybe there won't BE a court appearance... That means, of course, that you can't sue her for back rent or damages either...

excon

Sorry... I should have included that I did give her an official written 30 day notice. In Texas it is required that you post it on the door, not that the tenant sign it. I do know that she receive it because I did watch her take it off the door. I just have not communicated with her since. I do have a copy for myself though.

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Originally Posted by AshleRenee

I do have a copy for myself though.

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Hello again, Ashle:

Cool!

Then the only problem is her property. Change the locks on the first, but you're STILL going to have to store her property for a time... I WISH I could tell you how long, but I cannot. Again, if you get rid of it, and she sues you for it, and you tell the court that you got rid of it the DAY the lease expired, I think you'll lose.

I don't believe Texas landlord tenant law address's this issue. I'd keep it for a month. When you finalize the past rent due (if any), and assess the damages (if any), send the balance of her deposit (if any) to the ONLY address you have and keep a copy of the letter.. Tell her where he belongings are being stored. After that, if you hear NOTHING from her, I'd dispose of her stuff.

excon

No, you still cannot change the locks. The notice of termination is only the FIRST step. If she does not move within the deadline in the notice, then your NEXT step is to file in housing court for an eviction order. This will require a hearing. Once the eviction order is issued then she has another deadline to vacate. If that deadline passes, then you get a sheriff to physically remove her. Only then can you change the locks.

Texas Evictions

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Originally Posted by ScottGem

No, you still cannot change the locks. The notice of termination is only the FIRST step. If she does not move within the deadline in the notice ...

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I think OP's position would be that the tenant abandoned the premises, while possibly (OP will presumably only know this when (s)he enters the premises.) leaving some stuff behind. If abandonment is established I don't believe an eviction action is necessary.

Someone suggested on this forum, some time ago, that a good way to get rid of abandoned personal property is to put it in commercial storage, send notice to the owner, and forget about it. That way, of the owners ever come back looking for their stuff, they have to deal with the storage facility.

Is she behind in her rent?

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Originally Posted by AK lawyer

I think OP's position would be that the tenant abandoned the premises, while possibly (OP will presumably only know this when (s)he enters the premises.) leaving some stuff behind. If abandonment is established I don't believe an eviction action is necessary.

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A valid point, but I think it would be harder and take longer to prove abandonment.

A possibility would be to change the locks, but place a notice that the tenant can come get the new key. This works since the landlord is on premises. This will force the tenant to contact the landlord.

Personally, though I wouldn't risk it and get an eviction order.

I went though this almost same thing in TN, I just treated it like a normal eviction after the first night mare, if I claimed they were gone and I did not know where they were at, now I had to store their property for months at a storage facility, attempt to locate them and more.

If I stated, that I have not seen them, but they may be coming and going when I am not there, you get the court ordered eviction and go to court, get the eviction date, then the court officer comes out, you set all of their belongs out and go on with life.

Next or perhaps first, have you done a home inspection to see if they have property still in the house?

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Originally Posted by ScottGem

A valid point, but I think it would be harder and take longer to prove abandonment.
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Abandonment would be a defense to a wrongful ouster claim, if and when the tenant makes one.

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Originally Posted by AK lawyer

Abandonment would be a defense to a wrongful ouster claim, if and when the tenant makes one.

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But getting an eviction order makes wrongful ouster moot.