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  1. #1
    Join Date
    Dec 2015
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    2

    Unhappy How to Deal with Belongings Left by an Ex-Roommate

    My question involves landlord-tenant law in the State of: Texas

    Recently my roommate moved out of the apartment and left her bed. I have researched in the subject and I'm not sure how to go about this since there are a lot of factors involved. First of all she never signed the lease so basically she was a month-to-month tenant and I'm the only one on the lease. She decided to move out without giving me a 30 day notice after she couldn't come up with this month's full rent, she also paid late causing some late fees and still owed me for some utilities so she ended up paying around 70% of the rent. After discussing this with her she refused to pay for the late fees and decided to move out the following week.

    The day she moved out she started demanding me money back from the rent, since she was moving early and I agreed to return her a fair part of it (what she paid minus the days she was here, the utilities and late fees), but she refused and became aggressive. I ended up giving her some extra money just to end up the discussion, but after she moved everything out she called her sister and both started threatening me of suing if I didn't gave them more money, they broke and damaged some of my property so I agreed and the next day filed a police report that now prevents them from coming near the apartment.

    Problem is her bed is still here and she was supposed to send someone to pick it up the next day after she moved out, but there is no sign they'll come get it any time soon. She already returned her keys, hasn't been here in more than 5 days, and I don't know if this counts as if she is late on rent, so I don't know what to do now. I sent her a text asking about the bed and giving her a deadline to pick it up, she didn't reply.

    After the deadline I informed her I would move the bed outside of the apartment since she didn't have intent to pick it up. She replied saying the bed would be picked up and that she would sue me for $500 if the bed was left outside and damaged. I then told her I would move the bed to a storage unit that she would have to pay for and now I don't get any response again. I know she lost her job and has a lot of debts so that's why she is taking advantage of me, that's why I know she is not going to pay for any storage fees and will wait until I throw it out to sue me. So I really need to know how I can protect myself against this and how to legally dispose of the bed. I also want to know how I can go about charging her storage fees in case of having to keep the bed inside the apartment or storage unit. Thanks!

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Deal with Belongings Left by an Ex-Roommate

    If you bring in a roommate as a subtenant, your tenant is not responsible to pay your late fees. The only late fees a subtenant will owe are those described in the lease between you and your subtenant. You cannot unilaterally demand and impose storage fees.

    You have filed for a restraining order that keeps your ex-roommate from collecting her bed, so obviously it's going to be difficult for her to collect her bed. How do you propose that she is going to be able to collect her bed without violating the restraining order that you obtained?

  3. #3
    Join Date
    Dec 2015
    Posts
    2

    Default Re: How to Deal with Belongings Left by an Ex-Roommate

    We had a mutual agreement that she could come pick up the bed and leave or send someone else. There is only a police report and the police will only take her away of the premises if she tries to threatened me again of try to enter by force, no restraining order will be violated in anyway. She isn't in the city anymore and won't be back until next month and I can't store that bed for that long since I need to rent that room, plus after all the money I returned her she only covered for 9 days of the rent without utilities or late fees. I wasn't aware of the responsibility for the late fees, thanks for pointing it out, I'll keep that in mind next time.

  4. #4
    Join Date
    Feb 2015
    Location
    California
    Posts
    14

    Default Re: How to Deal with Belongings Left by an Ex-Roommate

    How do you propose that she is going to be able to collect her bed without violating the restraining order that you obtained?

    Easy. The ex- tenant designates another person to get the bed. Moving company for example. Boyfriend with truck for another.

    http://www.leginfo.ca.gov/cgi-bin/di...file=1980-1991
    Covers abandoned property. OP please read before proceeding. There are sample notices in the statute.

    1. You must give written notice to your ex-roommate/tenant
    2. You can put the item(s) in storage. You must put all the information for where it is stored in writing also.
    3. You must give a deadline to retrieve the items at the storage facility after paying you the storage fee.
    4. After a certain amount of time, not less than 30 days, the items may be sold at auction.

  5. #5
    Join Date
    Sep 2005
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    Default Re: How to Deal with Belongings Left by an Ex-Roommate

    Quote Quoting miniluvr
    View Post
    How do you propose that she is going to be able to collect her bed without violating the restraining order that you obtained?

    Easy. The ex- tenant designates another person to get the bed. Moving company for example. Boyfriend with truck for another.
    Here in the real world, restraining orders normally prevent you from making contact through third parties. As it turns out, however, there is not actually a restraining order in effect.

    Also, if you check a map you will discover that Texas is not located in California, and thus that provisions of California law relating to the disposition of property after a tenancy have absolutely no relevance to the situation we are discussing.

  6. #6
    Join Date
    Feb 2015
    Location
    California
    Posts
    14

    Default Re: How to Deal with Belongings Left by an Ex-Roommate

    My bad, somehow I read that as California, not Texas.

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