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Montgomery County Fort Bend County Galveston County Brazoria County (713) 568-6904 Se Habla Espanol |
In some circumstances a landlord may consider a dwelling abandoned. If a tenant has abandoned the premises, the landlord is entitled to enter the premises, change the locks and remove all personal belongings left behind.
Whether a dwelling has been abandoned is a difficult issue to resolve because there is no clear definition. This principle is based upon the tenant's intent -- not on landlord's desires. (HE emphesis)
(Note: The property left that belongs to the tenate after 30 days it is fair game. Post a notice in the classifieds for 3 days for them and you are covered. That shows an attempt to contact them when there is no other way to contact them. You must try and contact them and keep records of all such attempts.)
If a tenant has clearly expressed an intent to return to the premises then clearly the tenant has not abandoned the premises. If a tenant has paid the rent for the month, then a landlord cannot consider the premises to be abandoned even if the tenant never occupies the dwelling at all.
If a tenant is behind on rent, and the tenant has not occupied the premises for five days consecutively and much of the personal belongings of the tenant have been removed, many leases state that the landlord can consider the premises to be abandoned. Again, this may or may not be correct, however, a tenant would be wise to make contact with a landlord to remove any doubt about whether a tenant has left the premises. This situation often arises when a tenant is in the process of moving. It is best to move all at once if possible, rather than leaving various items behind.
If the tenant owes rent, and the property could be subject to a landlord's lien, this notification may result in the landlord seizing the property until the tenant pays the rent. If the tenant did not intend to abandon the premises and the landlord took control and disposed of the tenant's property the landlord could be sued for the return of the property or its value.
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