Abandoned property without notice

[Amanda Hillard]

I have a tenant who has abandoned the property. Their lease was to be up in November. I saw a post on FB where they tried to advertise the place. I instructed that anyone moving into the property would need to be approved. No written notice was given, they moved, did not contact us, left the property open, but cleaned. Should I pursue Legal action or let it be and look for the next tenant?? People should be held accountable for poor actions!!

[Roy N.]

Amanda:

Check your local tenancy law, but here an abandonment is a pain ... you know they are gone, but, unless they returned the keys, they are still in possession of the property and you must go through the eviction process to regain possession.   Meanwhile, you can lock it back up if they left it opened, but cannot change the locks.

[Greg H.]

No worries in Texas.  The law allows you to declare the property abandoned and take possession

The law does not specifically define what abandoned is but some of the criteria I use are:

-Contents of value have been removed

-Neighbors saw the tenant moving

-Utilities are off

-Mail forwarded

I would feel confident with their contents removed as well as they advertised to sublet the property to move forward and take possession.  Keep in mind that in Texas you do not have to account for their deposit within the 30 day period until you receive a forwarding address

[Sai T.]

Move on you may not recoup any rent but you will waste your time, mone and you will get only frustration!!  

[Greg H.]

Additionally, pursuing them in  the future is your decision but in my opinion the task at hand is getting the property rented

You can always file a small claims action.  I believe the statute of limitations is 2 years.  Keep in mind, you will have to locate them so they can be served and the likelihood of collection is very low in Texas as garnishment is not allowed and the list of not attachable property is lengthy

[Jerel Ehlert]

Placing the ad to sublet is probably enough to declare abandonment.  If tenant is paying monthly rent, why rock the boat?  But if not, you have a duty to mitigate loss.