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    rrobbie100's Avatar
    rrobbie100 Posts: 1, Reputation: 1
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    #1

    Nov 10, 2008, 12:52 PM
    TX Abandonment laws
    What are the TX laws concerning an apartment that has been abandoned?
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #2

    Nov 11, 2008, 07:29 AM

    Well, the way it works with the TAA (Tx Apt. Assn.) lease is that we leave a notice that if they don't contact us within 48 hours we will consider the unit abandoned and store or dispose of any remaining property according to the lease. There are criteria that must be met. (Going from memory) 1. Rent must be due and unpaid for 5 days (any amount - doesn't have to be a whole month's worth). 2. A substantial amount of their belongings (I think it states clothes, beds, other furniture - can't remember what else) have been removed. 3. Utilities have been disconnected and/or transferred out of their name.

    There's another one I can't think of. The TAA lease completely follows the TX prop. Code, so I'm sure that's all within the law.

    The bottom line is that if you're trying to use the abandonment angle just because they haven't paid and are dodging you, you could run into BIG problems if they tried to come back on you for an illegal eviction. (That's where those criteria must be met.) If they pretty much for sure are gone, just leave the notice on the inside of their front door and after 48 hours you're free to retake possession.

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