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Updated over 7 years ago,

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1
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0
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Boris Rochmananov
  • Investor
  • Pearland, TX
0
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1
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Abandonment running concurrently with Eviction process in Texas

Boris Rochmananov
  • Investor
  • Pearland, TX
Posted

My tenants separated and have gone different ways. They left a large accumulation of trash and personal effects. One sent me an e-mail that he had relocated to another state. The other is MIA. Tried calling them with no luck. Rent went unpaid. Sent a 3 Day pay or quit. Monitored the house, and found dogs locked up inside defecating and urinating for what appeared to be many days. Contacted Local Animal control and they were able to get former tenant to answer and remove dogs. Three day period passes. No visible occupancy of property. No cars, no lights at night. Gas is cut off. Smell from house is overpowering. File for court date as per Texas rules. After no contact from tenants in regards to pay or quit, I enter house for inspect. (After 3 day period and after filing with court) Find house littered with feces and overpowering odor of urine and mold. Inspection shows unreported leak in kitchen had destroyed cabinets and was flowing through garbage disposal. Signs of vermin and pest infestation everywhere. Mold present in three rooms from urine and uncontrolled water. Many items requiring immediate action to protect health, safety, and property of both landlord and missing tenant. I begin abating issues as is my responsibility as owner. Still no contact from missing tenants. 7 days pass as I am in and out as my regular job permits to mitigate the damage done. I move all tenant property out of affected areas, throw away infested food boxes and begin disinfecting, treating and stopping further damage. About day 8 constable comes by to post court notice for missing tenants. The constable was surprised to see me, and told me I shouldn't be there. I tried to explain the concept of abandonment, and emergency need for repairs. I'm not sure it got through, but she started getting me worried. Am I affecting an illegal eviction? I originally filed an eviction suit, and the abandonment and health hazards issue came as the days unfolded.  My lease is very clear on abandonment  After 5 days I may enter the property and dispose of contents if needed. The signed contract also holds me harmless in regards to the property left. No wording appears to be in conflict with any written Texas law on the subject. I am waiting now before doing anything else until the hearing in a few days. I don't want to have my eviction invalidated, and don't think it should be, just because as a landlord, I was repairing health and safety issues. I have not blocked the tenant from removing anything, changed locks or otherwise blocked access to the property. Neighbors on all three sides have not seen the tenants in about 3 weeks. The gas has been terminated. The water bill is 4 months unpaid and should have been disconnected. The mail service has been terminated by the Post office as mail was just piling up unclaimed at the property No cars have been seen at the property. One of the tenants shows a different address in social media. Am I in the wrong by entering the property as a landlord to protect the property and mitigate the health issues? Have I in any way damaged my eviction for non payment? I have never received any repair requests verbal or written from these folks.

Thanks

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