Can tenants legally take your furniture if they are not in lease?

[Frankie Parker]

I have 2 questions regarding furnished rental properties:

1. Can tenants legally take your furniture if they are not specifically included in your lease?

Let's say I furnish my rental property with a bed, tables, chairs, and a sofa and that I do NOT include them in the lease. Can my tenant legally take all of this furniture and keep it as their own upon move-out since I didn't include them in my lease? 

2. IF they cannot take this furniture (which I assume they can since they are not in the lease), are they responsible for any damages to the furniture since they are not specifically listed in the lease?

I am assuming the answer to these questions doesn't matter what state you are located in but if it does, I am in Texas and am a new RE investor.

Thank you!

[Gail K.]

So...you are asking if your tenants can legally steal your furniture just because you haven't added a "no stealing" clause to your lease?

Tenants can (and sometimes will) take anything they want at move out.  The "good" news is that they usually leave you enough junk in return that you don't notice your stuff is missing right off the bat.  Folks have reported light fixtures, sinks, ceiling fans, washers and dryers, refrigerators and stoves, microwaves, etc. walking out the door when the tenant vacates.  I've had houses where EVERY lightbulb was missing after a move out.  It's like "back up the bulbs, we're leaving".

If you are providing a furnished rental and worried about stuff being taken add a clause to the lease that the furniture, etc. remains as part of the rental property.