Have you, as a rental property owner, ever had a tenant leave some of their possessions behind upon moving out? Whether they are moving out voluntarily or after an eviction, some tenants might leave trash or things on your property that they no longer want or can’t take in the move. This can be frustrating, as you will then have to figure out what to do with everything they left behind. This can also be a sign that they might not have performed all the required cleaning before leaving. Here at Specialized Property Management, we know how challenging this situation can be, so we made a list of tips to guide you if this ever becomes an issue for you and your rental property.
Understand the Law
According to the OLR Research Report, most states regulate how landlords handle and dispose of abandoned property. For instance, some states allow landlords to dispose of the abandoned property only if the cost of storing it exceeds the property’s value or a specified monetary figure. Moreover, some states require landlords to sell such property at a public sale in the presence of a licensed and bonded public auctioneer. Texas law states that, if a tenant was evicted and left their belongings on the property, a law enforcement officer should be the one to take care of it, not you or even your property manager. There isn’t a law in Texas that specifies what to do in this situation if the tenant wasn’t evicted, but there are still certain things you should do in order to take care of the situation. You can also hire a local property management firm, such as Specialized Property Management Dallas, to take care of it for you. This would most likely be your best option because we have years of experience in the property management industry and are very familiar with the relevant rules and regulations.
Contact the Tenant and Issue a Notice
Once you familiarize yourself with the relevant laws and protocol, contact the ex-tenant and give them a deadline by which they need to have collected their stuff. If the tenant is unreachable, contact any other available contacts, like immediate family or friends. You could also request a mailed return receipt to make sure that your notice reached the tenant.
Removing Abandoned Property
If you have notified the tenant and the deadline has passed for them to collect their things, you may then remove and store the items. According to Texas Prop 93.002, you may dispose of the abandoned items if they are not claimed by the tenant within 60 days from the day they were stored. At that point, the property is typically considered abandoned and no longer belongs to the tenant, which means that you have the right to keep, sell, donate, or throw it out. If you sell the abandoned items, you may be able to use the proceeds of the sale to cover the associated storage costs and the costs of holding the sale, including advertising costs.
If your tenant can’t come to get their property before the deadline, they may ask you to sell it for them. You will likely want to check with local authorities about rules and regulations, but you might be able to sell the property on behalf of the ex-tenant and use some of the money to clear any debt they might owe to you. Any excess proceeds of the sale in this situation will usually belong to the ex-tenant. Again, it’s important to read up on the local rules and regulations and be sure to keep records of your communication with the tenant to protect yourself from liability.
Contact a Local Animal Shelter to Collect Abandoned Pets
Other than items such as clothes, furniture, and electronics, a tenant can also leave pets behind. This is a more delicate issue considering pets need food, water, and toilet breaks, among other special needs. It can be worse if the pets are aggressive as they may damage your property or injure people. In case a tenant leaves a pet behind, you should take the pet to the nearest animal shelter.
Conclusion
When handling property abandoned by a tenant after an eviction, make sure you follow the law to the letter. Alternatively, you can hire an experienced property management company, like Specialized Property Management Dallas to handle the issue. We are always up to date on local property management regulations and laws. We know how to make sure your investment thrives, so you get the biggest bang for your buck. To get a quote, contact us at 214-233-7572 or check us out online.
