Abandoned Motorcycle in Texas

[JDGillespieJr]

My question involves personal property located in the State of: Texas

Parties involved:
-- Tenant, not the one who abandoned property
-- Tenant's friend, who abandoned his motorcycle, and was never on the lease

I have a rental property in West Houston. The tenant agreed to let a friend of his stay with him for a short time over 2 years ago. The tenant's friend owned a motorcycle which he parked in the garage at the rental property. Within a few months, the tenant's friend decided to move to Pennsylvania and left the motorcycle behind, saying he would sell it eventually, but it is still in the garage at the rental property today. Turns out, the owner of the motorcycle has done nothing about it now for over 2 years.

The actual tenant is likely to move out soon, so I'll need a new tenant or to sell the rental property... So, something has to be done with the motorcycle in order to rent or sell the rental property. The current tenant is also a bit behind on rent and wants to sell the bike to get caught up. Obviously, this can't be done without a good title, which the previous owner probably doesn't even have himself. I told the tenant that I would look into the options to sell, since it's abandoned on my property. It has not been moved, started or maintained in that time.

Questions:
-- Can it be sold without a title? If so, what paperwork do I need to secure?
-- Can I get that paperwork at the local courthouse?
-- Do I need to notify the original owner of the motorcycle?
-- If so, do I need to notify the original owner with a letter, on paper? (I do not have an address, but I do have his work address)
-- Is email sufficient notification?
-- If it is not possible to sell, what are my options?

Any reply is kindly appreciated!
-JG

[jk]

how do you get the motorcycle is abandoned on your property? As long as the tenant remains, it is considered, for situations such as this, as his property. Once the current tenant leaves, then you can consider it abandoned and deal with it. As it stands now, your tenant is who controls the disposition of the motorcycle and actually who is liable to the owner.

the current tenant also has no right to sell a motorcycle that isn't his. It's kind of a crime.

so, what the current tenant can do now or you no less than 48 hours after the tenant vacates the premises is contact the local police who will follow this law:

§ 683.011. 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.Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 2005, 79th Leg., ch. 737, § 1, eff. Sept. 1, 2005.

[JDGillespieJr]

Hm, I do not accept your answer as thorough or even particularly serious. Did you read that the original owner is not the tenant?

I get that the motorcycle is abandoned on my property because I OWN the property and it is within the garage that I own. The motorcycle was never the property of the current tenant in the first place, so how can it be considered HIS property? I own the property and the motorcycle was abandoned within it, so how does it have anything to do with the tenant? And, if the tenant decides to move out, it is ultimately my problem anyway, correct?

[jk]

JDGillespieJr;631312]Hm, I do not accept your answer as thorough or even particularly serious. Did you read that the original owner is not the tenant?

what does him being a tenant have to do with anything? He left it with a tenant.

I get that the motorcycle is abandoned on my property because I OWN the property and it is within the garage that I own.

is the garage part of the tenants rented property?

The motorcycle was never the property of the current tenant in the first place, so how can it be considered HIS property?

I didn't say it was his. I said it is his responsibility.

I own the property and the motorcycle was abandoned within it, so how does it have anything to do with the tenant?

because while he rents the property, his rights are superior to yours in this aspect. You can actually be arrested for trespassing in a property you rent out if you did not have a legal right (other than actual ownership of the property) to enter.

And, if the tenant decides to move out, it is ultimately my problem anyway, correct?

that is at least 48 hours after the tenant vacates. Then it is yours to deal with. That means you get to call the police and report an abandoned vehicle. They will come and take it and treat it as the law requires. If you sell it, it is conversion of property in both the civil and criminal sense.


btwL the friend was a legal resident of the housing unit. That means he gets treated as a tenant would.

[JDGillespieJr]

And so, according to your last line "btw", ... he gets treated like a tenant would, so then it is ultimately my responsibility because, as you said, nothing can be done until he moves out.

- - - Updated - - -

The WHOLE point in asking this is because the guy who abandoned the motorcycle has not responded to our repeated attempts to contact him about it. Both the tenant and myself have given notice over the last 2 years and the guy doesn't even answer, so I consider it abandoned.

You're saying absolutely nothing can be done until the tenant moves out, and then we can only contact the police? What if the tenant has another purpose for the space? What if I intend to remodel while the tenant is still there and the motorcycle is in the way? In other words, what if the bike has to go but the tenant will be staying?

[jk]

JDGillespieJr;631321]And so, according to your last line "btw", ... he gets treated like a tenant would, so then it is ultimately my responsibility because, as you said, nothing can be done until he moves out.

until the lease this garage is part of is terminated. Is that better for you?


- - - Updated - - -

The WHOLE point in asking this is because the guy who abandoned the motorcycle has not responded to our repeated attempts to contact him about it. Both the tenant and myself have given notice over the last 2 years and the guy doesn't even answer, so I consider it abandoned.

so, if the tenant wants it out, he calls the police and they pick it up. After the lease terminates and the unit is vacate, you can call the police who will come and take care of it.

You're saying absolutely nothing can be done until the tenant moves out, and then we can only contact the police?

the current lessee can call the police and report the bike abandoned.

What if the tenant has another purpose for the space?

he can call the police and report it abandoned.

What if I intend to remodel while the tenant is still there and the motorcycle is in the way? In other words, what if the bike has to go but the tenant will be staying?

if the garage is included in the rental (and I spoke to this previously and you did not object to it so I presume it is), then the tenant controls the garage which means he is in control of the bike. As long as the tenant is in control of the garage, he can decide to leave it where it is or call the police and report it abandoned. Once his tenancy terminates, the unit then is under your control and you can call the police and have it removed.


You seem to want to make this more difficult than it is.

[JDGillespieJr]

Not my intention, but you didn't cover everything. Is legal crap ever simple? My questions have been answered. Thanks.

[jk]

Not my intention, but you didn't cover everything. Is legal crap ever simple? My questions have been answered. Thanks.

yes, I covered everything.

while the leasehold is intact, the tenant has a right to either leave the bike in place (presuming he does have a right to control the garage under the lease) or call the police and report the abandoned vehicle. If the tenant does not have a right of control over the garage, then you can call the police and report it as abandoned. Once the leasehold terminates, you can call the police and report it abandoned.



was there something I missed there?

[JDGillespieJr]

Nope we're good, thanks. And the garage is part of the lease. We're trying to contact the guy again this week