One of the hardest challenges to deal with in running a rental property business is when a tenant suddenly disappears – abandoning you, their lease, and at times, even leaving their belongings. But what happens if a tenant abandons the property, exactly?
In Texas, landlords may dispose of a tenant’s abandoned belongings if their lease allows for it, but they must follow specific, legally required procedures to establish abandonment first. Furthermore, in cases of a lawful eviction using a Writ of Possession, the landlord (or the officer/warehouseman) must store the tenant’s property.
However, that’s just the beginning–let’s jump right in.
Key Takeaways
- Tenant abandonment happens when a renter leaves the property without notice or intent to return.
- Before assuming abandonment, landlords must follow the procedures outlined in the lease agreement and should attempt to contact the tenant to verify their absence.
- Landlords do not have a statutory duty to store abandoned property if the tenant voluntarily abandoned the premises (unless the lease says otherwise); however, a landlord must store the property if it is removed after an eviction executed with a Writ of Possession.
What Is Considered Tenant Abandonment in Texas?
In our years in Austin TX property management, we have experienced tenants leaving without giving any notice. We just noticed that they’re gone when they were completely missing in action when it was time to pay the month’s rent. It was unexpected and left us scrambling for what to do next.
That is just one scenario. The thing is that tenant abandonment can happen in different ways. Most of the time, a tenant leaving is not so obvious. A tenant being gone does not automatically mean they are abandoning the property. So, how do you know when a tenant actually abandons a property?
There’s no umbrella law specifically defining what is considered tenant abandonment for a residential tenancy in the Texas Property Code Chapter 92 (Residential Tenancies). So, the terms surrounding such circumstances rely heavily on what is indicated on the tenant-landlord lease agreement. The abandonment clause indicates the conditions under which a tenant is considered to have abandoned their lease, which is typically when a tenant voluntarily leaves the property without the intention to continue paying rent and plans to return. Here, the lease can also indicate the specific number of days that the property needs to be observed unoccupied for it to be legally declared as abandoned.
But even then, processing an abandoned property can only begin if you’re able to observe the signs that your tenant has abandoned the property. To give you a better idea, here are some early warning signs to watch out for:
- Missed rent (which requires its own solution) and utilities payments
- Unresponsive to any communication attempts
- Property is neglected and left with trash all around, food leftovers, and overgrown brush
- Mail and other deliveries are not received
- Neighbors report not seeing the tenant for a significant period of time.
What Happens if a Tenant Abandons the Property in TX?
There is a lengthy legal process that landlords need to follow to ensure that each step they take – from verifying a tenant has abandoned the property to handling whatever property they left behind – does not encroach on the tenant’s rights. Here’s a general review of how Texas landlords should handle tenant abandonment in rentals.
Verifying Tenant Abandonment
As we’ve mentioned earlier, a tenant being gone from the property for a while does not immediately mean that they are abandoning it. There’s a possibility that they are just going on a long trip, but will come back to continue their stay.
The point is that you can’t be quick to assume that your tenant is abandoning the property. False assumptions can lead to dire consequences on your end, ranging from a fine worth one month’s rent to court cases. So, it is critical that you verify that your tenant has voluntarily abandoned the property. Now, how do you do that?
First, you need to give your utmost effort to reach the tenant and communicate with them. Leverage all possible communication platforms (email, call, or message) to clarify whether they intend to return or not. If the tenant continues to be unreachable or unable to provide context for their absence, then that is a red flag indicating the latter.
Another way to check on the status of the tenant is to see if they have canceled any services (such as utilities or mail) that tie them to the property. Any cancellations or missed payments indicate that they don’t intend to fulfill these payments anymore.
If your lease agreement permits, you can also conduct a welfare check to inspect the property and its condition. However, in Texas, a landlord is typically not required to give 24 hours’ notice to enter a property that has been legally abandoned according to the lease terms.
On the other hand, if your lease does not have an abandonment clause, you need to gather as much evidence that the property is indeed abandoned for documentation purposes.
Regaining Access and Handling Abandoned Personal Property
Let’s say that you were able to verify that your tenant has absolutely no plans to come back, and they left a bunch of their belongings in your rental. Do you simply go ahead and round everything up and throw them away to make way for the next renter?
You may have the right to dispose of it, but only after you have properly followed the procedures in your lease and Texas law. The process is primarily governed by the abandonment clause in your lease, which, in turn, often references Texas Property Code.
It starts with gaining legal possession and access to the property. This step requires you to post a “Notice of Belief of Abandonment” and wait for the lease-mandated reasonable time to respond. If they fail to do so, you likely can now change the locks, do a walkthrough to document its condition, and inspect for property damage. Once you have legal access, you can also start dealing with personal property that your tenant has left behind.
Then, if the property was voluntarily abandoned (not left after a Writ of Possession eviction), the landlord may generally dispose of the property after establishing abandonment under the lease. However, we recommend you always inventory, photograph, and provide a final written notice before you dispose of anything to mitigate your liability. In particular, this holds especially true for high-value items. To truly cover yourself, we believe you should store items for a short period (e.g., 30 days). This should always be the case, regardless of the lease.
Next, you should send another written notice to the tenant informing them of their current situation (belief of abandonment and the removal of personal items). Here, you should tell them that they have a limited time period to claim their belongings before disposal.
As for the security deposit, you must return the deposit to the tenant no later than 30 days after the tenant surrenders the premises (gives up possession).
You can consider the premises as surrendered either on the date the tenant moves out and provides notice, the date the landlord accepts the keys, or the date the landlord reasonably believes the tenant has abandoned the premises and the lease terminates.
Also, if you made any deductions (for property repair, unpaid rent, or storage/disposal fees if the lease allows), you need to include an itemized list detailing the repair costs and/or other charges.
We must note that all of this information here is intended solely as educational materials, not legal advice. To get the definitive word on this topic, you should always consult with a legal professional. Furthermore, this information solely covers Texas state law, not local laws, which likely will also play a role. So, you should know that, too.
Partner with BMG for Your Property Management Needs
There are numerous steps to take if you’re dealing with tenant abandonment. You must first legally establish that the tenant has left without intent to return. Typically, you would do this by following the lease agreement’s outlined procedures and notice periods. While Texas landlords generally do not have a statutory duty to store property after a voluntary abandonment, they still have to store a tenant’s belongings if they are removed after an eviction using a Writ of Possession. Either way, you should meticulously document all remaining property. Also, you should follow all the legal procedures before disposing of anything to mitigate your liability.
That said, dealing with tenant abandonment can be a long, exhausting process. That’s where home rental management companies like Bay Property Management Group step in. From tenant communications, notices, and documentation, we can handle the tenant abandonment process on your behalf. That way, you can spend less time sweating the stress and more on growing your portfolio. Interested? Contact us today to learn more!
