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  1. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

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