What Rights Does a Landlord Have After the Tenants Abandon Rental Property
Full Question:
What rights does a landlord have after the tenants abandon the rental property?
12/12/2007 |
Category: Landlord Ten... ยป Residential ... |
State: Texas |
#13800
Answer:
The following are TX statutes:
§ 54.044. SEIZURE OF PROPERTY.
(a) The landlord or the
landlord's agent may not seize exempt property and may seize
nonexempt property only if it is authorized by a written lease and
can be accomplished without a breach of the peace.
(b) Immediately after seizing property under Subsection (a)
of this section, the landlord or the landlord's agent shall leave
written notice of entry and an itemized list of the items removed.
The notice and list shall be left in a conspicuous place within the
dwelling. The notice must state the amount of delinquent rent and
the name, address, and telephone number of the person the tenant may
contact regarding the amount owed. The notice must also state that
the property will be promptly returned on full payment of the
delinquent rent.
(c) Unless authorized in a written lease, the landlord is
not entitled to collect a charge for packing, removing, or storing
property seized under this section.
(d) If the tenant has abandoned the premises, the landlord
or the landlord's agent may remove its contents.
Acts 1983, 68th Leg., p. 3561, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 305, § 1, eff. Aug. 26,
1985.
§ 54.045. SALE OF PROPERTY.
(a) Property seized under
Section 54.044 may not be sold or otherwise disposed of unless the
sale or disposition is authorized in a written lease.
(b) Before selling seized property, the landlord or the
landlord's agent must give notice to the tenant not later than the
30th day before the date of the sale. The notice must be sent to the
tenant by both first class mail and certified mail, return receipt
requested, at the tenant's last known address. The notice must
contain:
(1) the date, time, and place of the sale;
(2) an itemized account of the amount owed by the
tenant to the landlord; and
(3) the name, address, and telephone number of the
person the tenant may contact regarding the sale, the amount owed,
and the right of the tenant to redeem the property under Subsection
(e) of this section.
(c) A sale under this section is subject to a recorded
chattel mortgage or financing statement. The property shall be
sold to the highest cash bidder. Proceeds from the sale shall be
applied first to delinquent rents and, if authorized by the written
lease, reasonable packing, moving, storage, and sale costs.
(d) Any sale proceeds remaining after payment of the amounts
authorized in Subsection (c) of this section shall be mailed to the
tenant at the tenant's last known address not later than the 30th
day after the date of the sale. The landlord shall provide the
tenant with an accounting of all proceeds of the sale not later than
the 30th day after the date on which the tenant makes a written
request for the accounting.
(e) The tenant may redeem the property at any time before
the property is sold by paying to the landlord or the landlord's
agent all delinquent rents and, if authorized in the written lease,
all reasonable packing, moving, storage, and sale costs.
Added by Acts 1985, 69th Leg., ch. 305, § 1, eff. Aug. 26, 1985.