What Rights Does a Tenant Have to Property Left Being When She Moved Out
My question involves landlord-tenant law in the State of: Texas
I had a friend that moved in April 2015. There was no contract/lease. Just a verbal agreement to pay $300 per month until she got a job and moved to her own place. It was never intended on her staying long. This was just to help her get established. We wrote the $300 down in a small book and hung it up on the wall each time she paid. She was an emotional mess and never seemed to try hard enough to get established and out of the house. It became so stressful for her to clean up after herself and keep a job that we got in arguments with her all the time.:wallbang: She came from her parents’ house and brought 2 men (who were aggressive towards my husband when they arrived) and her momma. She stated to my husband that she was moving out "to save our friendship". We had no notice. This happened on July 1st 2015. She did not pay rent for July. My husband allowed her to get her things, even helped her take them to her truck. Once I got home that night from work and saw how she left the room I was angry. She left the room trashed! Tons of trash and small things like makeup, a coffee table, tampons, a microwave, half torn down curtains, etc. There were stains in the carpet from her dog she had. Now she has contacted me today (7/23/15) via text.
"I just remembered I didn't get my coffee table, my microwave or the box of kitchen stuff in the garage, I'll be up there next Wednesday if y'all don't mind me coming to get it"
Honestly as disrespectful as she was to me and my husband leaving the way she did with the room trashed I do not want to see her. She abandoned all the things she left. I have gotten rid of most of it. What legality does she have to come get the little bit left of things she abandoned? Also, am I liable for what she left? Is it truly considered abandonment?:confused:
Re: No Lease Made-Tenant/Friend Moved Out. Left Things. 3wks Later Wants Her Things
Yes, you certainly could be liable for what she left behind.
You had a landlord tenant relationship that's governed by the TX landlord tenant statute.
That she breached the agreement by not giving you proper notice and stiffing you for rent doesn't not give you the right to dispose of her belongings.
In fact the TX statute has specific requirements for tenants' property left behind.
Technically, you would have had to have obtained a Writ of Possession as addressed by Section 24.0061 even though you didn't actually evict:
http://www.statutes.legis.state.tx.u.../htm/PR.24.htm
If you still have any of her stuff, let her come and get it.
Otherwise just tell her you treated it as trash and threw it all away and hope she's not sophisticated enough to take you to court.
You might be tempted to sue her for damage she left behind but if you do that it gives her the opportunity to research her own rights and you might end up with a countersuit for property you disposed of illegally.
This is one of those deals where you made a lot of amateur landlord mistakes. Time maybe to just chalk it up to experience and get on with your lives.
PS: Don't increase the font size again. Incredibly annoying.
Re: No Lease Made-Tenant/Friend Moved Out. Left Things. 3wks Later Wants Her Things
The short answer is tenants have a pile of rights..and younare not docuemented well at all.
You might be smarter to arrange a mutual workable pick up date and have her pick up her stuff from the front doorway..do not let her back inside ...get written surrender and return of keys..
Once she is solidly out...bill her for the full balance of July ...but don't hold your breath.
A mess is not a likely winnable point as to damages.