What Can I Legally Do To Dispose of Ex's Personal Property in My Home?
Full Question:
I have recently separated from a 13 year relationship. We were not legally married. We owned a house together, and I bought out his half and am now the sole owner of the home. There are still a few of my ex's things here at the house. I have asked him repeatedly for months to come get these things. I have even offered to transport the things for him, but he always has some excuse as to why he can't collect his property. What can I do legally to dispose of this property? It is in the way and becoming a nuisance.
09/22/2007 |
Category: Landlord Ten... ยป Return Perso... |
State: Texas |
#8942
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.
§ 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.
