If a tenant goes to jail, how long do we legally have to keep his belongings?

04/10/2007 - Landlord Tenant - State: TX #2884

Full Question:

The Tenant is going to jail April 16th and will be their two years. I was wondering, how long do I have to wait before I legally can remove his stuff and store away. Also, his father lives with him do we have the right to tell him to leave if he does not pay any rent. The rent is due on the 24th of every month and he is not listed on the rent agreement.

Answer:

The following is a TX statute:

§ 72.101. PERSONAL PROPERTY PRESUMED ABANDONED.
(a) Except as provided by this section and Sections 72.1015, 72.1016, and 72.102, personal property is presumed abandoned if, for longer than three years:
(1) the existence and location of the owner of the property is unknown to the holder of the property; and
(2) according to the knowledge and records of the holder of the property, a claim to the property has not been asserted or an act of ownership of the property has not been exercised.
(b)(1) The three-year period leading to a presumption of abandonment of stock or another intangible ownership interest in a business association, the existence of which is evidenced by records available to the association, commences on the first date that either a sum payable as a result of the ownership interest is unclaimed by the owner or a communication to the owner is returned undelivered by the United States Postal Service.
(2) The running of the three-year period of abandonment ceases immediately on the exercise of an act of ownership interest or sum payable or a communication with the association as evidenced by a memorandum or other record on file with the association or its agents.
(3) At the time an ownership is presumed abandoned under this section, any sum then held for interest or owing to the owner as a result of the interest and not previously presumed abandoned is presumed abandoned.
(4) Any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the ownership interest is subject to the presumption of abandonment as provided by this section.
(c) Property distributable in the course of a demutualization or related reorganization of an insurance company is presumed abandoned on the first anniversary of the date the property becomes distributable if, at the time of the first distribution, the last known address of the owner according to the records of the holder of the property is known to be incorrect or the distribution or statements related to the distribution are returned by the post office as undeliverable and the owner has not:
(1) communicated in writing with the holder of the property or the holder's agent regarding the interest; or
(2) otherwise communicated with the holder regarding the interest as evidenced by a memorandum or other record on file with the holder or its agents.
(d) Property distributable in the course of a demutualization or related reorganization of an insurance company that is not subject to Subsection (c) is presumed abandoned as otherwise provided by this section.


Please see the information at the following links:

http://definitions.uslegal.com/l/landlord-tenant-subtenant/
http://definitions.uslegal.com/l/landlord-tenant-notice-to-quit/

04/10/2007 - Category: Landlord Tenant - State: TX #2884

See more Questions in the Landlord Tenant Category