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Updated over 9 years ago on . Most recent reply

User Stats

114
Posts
14
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Paul Zofsak
  • Investor
  • Cypress, TX
14
Votes |
114
Posts

Tenant left behind property after breaking lease; now what

Paul Zofsak
  • Investor
  • Cypress, TX
Posted

My tenant moved out suddenly and without notice.  He left behind a refrigerator, washer and dryer, and a motorcycle.  I can't remember what the law states on these matters so I am reaching out to the BP community.  The property is located in Harris county Texas.

I could sell these to recoup some of my costs for damages to the property, but I want to make sure I am handling things properly. 

  • Paul Zofsak
  • Most Popular Reply

    User Stats

    130
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    77
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    Ryan Gillette
    • W Hartford, CT
    77
    Votes |
    130
    Posts
    Ryan Gillette
    • W Hartford, CT
    Replied

    Every state is a little different in abandoned property - check NOLO as a reference. 

    http://www.nolo.com/legal-encyclopedia/handling-tenants-abandoned-property-an-overview.html But I would specifically read your state statutes on it. What you don't want to do is re-rent it, change the locks, sell the property without checking, simply in the event they show back up. Because their first step will be to call the police and the police (at least in CT) side with the tenant as the resident.

    CT is more tenant friendly, so you might not have to jump through all of these hoops. Here you need two months of nonpayment (so if they missed day 10, you have to wait 30 more days) or have express statement from the tenant they are vacating. At day 40, you send a notice to their unit that within 10 days you will re-claim the property. Then you're free to lease it out and remove the property, provided you itemize it. 20 days after that (30 from the notice) you can do what you see fit with the property including selling, trashing, or donating it. So long as you follow the procedure and keep it all documented, you're set.

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