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  1. #1
    Join Date
    Apr 2012
    Posts
    2

    Default Eviction in Process but Looks Abandoned and Water on Floor

    My question involves an eviction in the state of: Texas.
    My husband and I have filed eviction papers for tenants of our rental house for non-payment of rent. The court date is May 6th. We went by there today and it looks as though the tenants have moved out, although there is still some stuff in the house - mostly trash, but they may not have finished moving out. HOWEVER, there is water all over the kitchen floor and the living room carpet is soaked. What do we do? I don't want to wait until the court date to clean it up and prevent mold growth. Do we have to post an abandonment letter or can we move the rest of their stuff out and fix whatever is the problem? It does not look like water is running, but there is plenty on the floor.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,616

    Default Re: Eviction in Process but Looks Abandoned and Water on Floor

    Your lease doesn't expressly permit you to enter when it appears that there may be an emergency, such as water left running or a broken pipe? Water visibly pooled on the floor would normally be grounds for emergency entry, assuming nobody is there when you arrive.

    Do you have contact information for the tenants so that you can announce an intent to enter and inspect for problems, or to confirm abandonment?

    Texas law also does not have a minimum notice period for a landlord's entry, although 24 hours is a common courtesy.

  3. #3
    Join Date
    Apr 2012
    Posts
    2

    Default Re: Eviction in Process but Looks Abandoned and Water on Floor

    We do have the right to enter on the lease. We went in and fixed the problem. We also put up a notice of abandonment - hung it next to the front door. There was no reply for 4 days. I went back yesterday, and everything looks exactly the same - notice still up, personal items still present, nothing moved. I was just going to go to the eviction hearing on Tuesday, but now it has been rescheduled for the next week. This is our first eviction. What can we do now? Do we have to finish the court hearing before we can change locks and clean up the house?

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