
Here are the steps involved in handling former tenants' possessions.
Learning the Abandoned Possession Laws in Texas
In the state of Texas, a 60-day collection period is provided to the tenants once they are given notice. Beyond that, landlord are free to dispose of the abandoned possessions.Determining Why a Tenant Left
How you handle tenant possessions will depend on the circumstances of their departure. You'll have more flexibility if a tenant's occupancy ended naturally, such as at the end of a lease. In this case, there will be little ambiguity, and you can act in accordance with the terms set out in the lease. However, if a tenant is evicted, it's more important to be careful in how you handle their abandoned possessions, as legal processes may be on the way. If a tenant disappears without notice, you'll also have to be mindful of how you handle their possessions as they may still have the rights to their property. In delicate cases like this, you'll want to be sure to act in strict accordance with Texas' landlord tenant laws.Defining Abandoned Possessions
When a tenant leaves your property suddenly without notice, it is defined as abandoning the rental. This kind of sudden turnover is a real pain for landlords because they have to immediately look to fill the unit to avoid missing out on rental income. The addition of items left behind only makes things worse.
Attempting to Contact Tenant
During an inspection of your property if you determine that possessions have been left behind, your first step should be to try to contact the tenant. You may be able to strike a deal with them regarding the future of their abandoned possessions that works for both parties. In the case of rental abandonment, your former tenants may be difficult to get ahold of. If they've broken their lease, they may be unwilling to cooperate because they fear the consequences. However, attempting to communicate with former tenants is a good first step.Discarding Abandoned Possessions
It’s imperative that you notify the tenant about their abandoned belongings. After a reasonable amount of time if a tenant doesn't return to pick up the abandoned belongings, you may have the right to sell, discard or give away the items.
Storing Abandoned Possessions
If your state requires that you hang onto abandoned possessions for a certain duration, you'll have to decide how to store the possessions securely. If your property remains vacant, you could leave the possessions there, but you'll likely want to clear the space for incoming tenants. You can store the possessions in a basement or garage, or you can rent a commercial storage unit. If you have to pay to move and store tenant possessions, write these expenses down. You can charge tenants for these expenses, either through security deposit deductions or payment. You should not have to suffer financially because tenants decided to leave items behind.Identifying Different Kinds of Possessions
There is a wide array of types of things tenants can leave behind, and you'll have to use your judgment to categorize what you find. The old saying "one man's trash is another's treasure" may apply in this case. You're within your rights to toss garbage left behind, but make sure it's really garbage.