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rmc88 · Jul 22, 2009, 01:50 PM

My husband was deployed in Iraq June 2008-June 2009. Keep this in mind when you're reading this.
I received an 2 day eviction notice in January 2009. I put all of my husbands military possesions in storage. I didn't have time to fight the eviction due to my daughter being sick in TN and having to go to TN because I had to meet with a CPS worker. So I left and went to TN. Within 3 weeks time, he claims abandoment and throws everything away. I learned this by several people. He never filed anything with the courts.
Someone tell me if I am wrong, but because my husband is military, shouldn't he have contacted my husband's chain of command to get in contact with me?He made no effort. Now he's claiming abandonment and damages to the apartment. If he comes up with a list of damages and a list of things abandoned, shouldn't he have sold the belongings to get his money back?
Also, abandonment is defined as the landlord thinking he will never see the tenant again to get payment. So here's the kicker. We left a truck and the landlord found the title and signed it. Rather than the landlord getting an abandonment title for the truck, he has been driving it around for the past 7 months and it's still in my husbands name. So can he still claim abandonment?
This landlord has no proof (pictures) of the damages. And the lease does not have anything in it defining abandonment.
Thanks for your advice!:)

this8384 · Jul 22, 2009, 01:54 PM

So why don't you report the truck as stolen?

Did you provide him with a forwarding address? What do you owe him yet?

On what grounds did he provide you with the notice? Were you actually evicted or rather given a pay-or-quit notice?

ScottGem · Jul 22, 2009, 01:58 PM

First you need to read your lease. Texas leases generally include a clause that refers to this.

Second, did you bother to inform the landlord of your family emergency at all?

You may be able to sue the landlord to regain the truck. You may be avble to regain the value of the personal items he disposed of if you can prove them. I would talk to the lawyers at your husband's base to see if they can help.