How long must I wait for a previous occupant to remove their vehicles and personal property?
Full Question:
Answer:
I suggest calling the local police department, as requirements for notices of abandoned property vary by local area. If the property is public property, it is covered by state abandoned property laws. It may be covered by landlord tenant statutes if the person was renting from you. A writ of possession must order the executing officer to post a written warning that the property subject to it, if not removed, will be placed at a nearby location that does not block a public sidewalk, passageway, or street.
The executing officer or a bonded warehouseman may remove and store the property at no cost to himself or the landlord. The landlord is not required to store the property.
The following are Texas statutes:
§ 24.0061 PROP. Writ of Possession
(a) A landlord who prevails in an eviction suit is entitled to a
judgment for possession of the premises and a writ of possession. In this
chapter, "premises" means the unit that is occupied or rented and any
outside area or facility that the tenant is entitled to use under a
written lease or oral rental agreement, or that is held out for the use
of tenants generally.
(b) A writ of possession may not be issued before the sixth day after
the date on which the judgment for possession is rendered unless a
possession bond has been filed and approved under the Texas Rules of Civil
Procedure and judgment for possession is thereafter granted by default.
(c) The court shall notify a tenant in writing of a default judgment
for possession by sending a copy of the judgment to the premises by first
class mail not later than 48 hours after the entry of the judgment.
(d) The writ of possession shall order the officer executing the writ
to:
(1) post a written warning of at least 8 1/2 by 11 inches on the
exterior of the front door of the rental unit notifying the tenant that
the writ has been issued and that the writ will be executed on or after a
specific date and time stated in the warning not sooner than 24 hours
after the warning is posted; and
(2) when the writ is executed:
(A) deliver possession of the premises to the landlord;
(B) instruct the tenant and all persons claiming under the tenant
to leave the premises immediately, and, if the persons fail to comply,
physically remove them;
(C) instruct the tenant to remove or to allow the landlord, the
landlord's representatives, or other persons acting under the officer's
supervision to remove all personal property from the rental unit other
than personal property claimed to be owned by the landlord; and
(D) place, or have an authorized person place, the removed personal
property outside the rental unit at a nearby location, but not blocking a
public sidewalk, passageway, or street and not while it is raining,
sleeting, or snowing.
(e) The writ of possession shall authorize the officer, at the
officer's discretion, to engage the services of a bonded or insured
warehouseman to remove and store, subject to applicable law, part or all
of the property at no cost to the landlord or the officer executing the
writ.
(f) The officer may not require the landlord to store the property.
(g) The writ of possession shall contain notice to the officer that under
Section 7.003, Civil Practice and Remedies
Code, the officer is not liable for damages resulting from the execution of
the writ if the officer executes the writ in good faith and with
reasonable diligence.
(h) A sheriff or constable may use reasonable force in executing a writ
under this section.
§ 72.101 PROP. PROP. 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.
§ 72.103 PROP. PROP. Preservation of Property
Notwithstanding any other provision of this title except a provision of
this section or Section 72.1016 relating to a money order or a stored
value card, a holder of abandoned property shall preserve the property
and may not at any time, by any procedure, including a deduction for
service, maintenance, or other charge, transfer or convert to the profits
or assets of the holder or otherwise reduce the value of the property.
For purposes of this section, value is determined as of the date of the
last transaction or contact concerning the property, except that in the
case of a money order, value is determined as of the date the property is
presumed abandoned under Section 72.102(c). If a holder imposes service,
maintenance, or other charges on a money order prior to the time of
presumed abandonment, such charges may not exceed the amount of 50 cents
per month for each month the money order remains uncashed prior to the
month in which the money order is presumed abandoned.
§ 683.011 TRANSP. Authority to Take Abandoned Motor Vehicle into Custody
(a) A law enforcement agency may take into custody an abandoned motor
vehicle, watercraft, or outboard motor found on public or private
property.
(b) A law enforcement agency may use agency personnel, equipment, and
facilities or contract for other personnel, equipment, and facilities to
remove, preserve, store, send notice regarding, and dispose of an
abandoned motor vehicle, watercraft, or outboard motor taken into custody
by the agency under this subchapter.
The choice of where the child is to reside will be determined by the terms of the court order. Typically, the court designates the time allotted to each parent in the custody or parenting order, based on the terms and factors set forth. It it not a matter for the child to determine custody or visitation time. You will need to read the terms of the order to determine what the applicable rules for the division of custody is. If the terms are ambiguous, a request for clarification of the terms may be requested from the court.
Please see the information at the following links:
http://definitions.uslegal.com/l/landlord-tenant-abandoned-property/
http://definitions.uslegal.com/a/abandoned-vehicle/
http://lawdigest.uslegal.com/abandoned-property/abandoned-property-self-storage/6560/
Please see the forms at the following links:
http://www.uslegalforms.com/tx/TX-817LT.htm
http://www.uslegalforms.com/us/US-857LT.htm