Does a landlord have the right to get rid of an ex tenant's stuff?

Question

My friend is a landlord in Texas .. his tenants trashed the house, didn't pay the last two months' rent, left rotting food in the fridge when they left and the place was like a pig sty ... carpets ruined, paint chipped, repainted rooms in horrible colors, broken window panes ... you know the story. Anyway, tenant also left a lot of kids clothes and toys, and other stuff ... my friend who is decent tried to phone them to pick up their stuff, but they had changed their phone number and email address .. didn't want to be found, eh? In any case, my friend phoned the Salvation Army, who came and picked up the toys, clothes, etc., etc. Well, two weeks later a "representative" for the ex tenants turned up on his doorstep, and threatened a law suit for "stolen goods"!!! My friend doesn't know what to do ... could he go to the small claims court and demand damages? And what rights do the ex tenants have in regard to their stuff? I told him to ignore the "representative" .. am I wrong?

Answer 1

In New Mexico they have to give certain notices and do certain performances relating to the personal belongings of the evicted tenant.
You need to go to the state provisions and look it up discuss whatever it is with local counsel before you act on your own interpretations shown on the statutes.
Here
http://www.capitol.state.tx.us/statutes/pr.toc.htm

Answer 2

It is possible that the landlord may have jumped the legal gun in this situation,HOWEVER, state laws very greatly from state to state on this issue. I would check with local government on the tenants and landlords rights.
If you have a lease agreement it should have stated eviction proceedings. Lease agreements are a very good thing in times like this.
If the landlord was required to publicly notify the tenants or wait for a time limit to pass and was in violation he still may be OK because the local claims court system will have to serve him if pursued from the tenants(sounds like these folks don't have a lick of sense anyway).
The Tenants are on extremely shaky ground and have the burden of proof, and will likely face a counter suit from the Landlord
The bottom line no matter how this evolves even a local Judge will see the landlord was cleaning out the "people trash".
Make sure the Landlords damages exceed any claims and make that fact known before the tenants go running to a court, this could thwart unnecessary legal battles.

Answer 3

I don't know the specifics of housing law in your state but you may want to go into arbitration with the old tenants. Because in some states if the landlord had a court executed eviction order and the tenant didn't pick up the stuff then the landlord owns the stuff as soon as the eviction notice is adjudicated by a judge, your state may be different. If they were never legally evicted, they just ran off, then they may still legally own the stuff in which case the landlord may owe damages for the stuff. However, the unpaid rent, damage to the apartment and any common area damage represents damage the tenant caused to the landlord. If you go into arbitration then you can come to some sort of reasonable settlement such as "the landlord forgives some of the back rent due in exchange for giving away the stuff" In calculating the value of the stuff given away use a fair market value (ie what the landlord could have sold it for or what salvation army said it was worth) in valuing the damages to the apartment use the cost to fix it by a licensed handyman. The unpaid rent reprsents an unpaid debt which should be phoned into a credit agency (which will hurt the tenant's credit rating). Even if the landlord is legally sued (in which he will be serviced by a court of law at his home or place of business, not some joe schmoe representative) they could still make an out of court settlement in arbitration even up to the trial date.

Answer 4

Are you wrong? Yes.

Each state has very specific laws regarding abandoned property, but usually a landlord is required to send notice by certified and regular mail to the tenants last known address with a request to forward the mail.

Your state may have required that your landlord store the goods at the tenants expense. Where I live, a landlord is required to store items for 30 days after notice is sent to the former tenant before they can dispose of the items.

Bottom line, your friend gave away what wasn't his to give.

If they do file a suit, your friend can file a counterclaim for the damages and unpaid rent.

Answer 5

Here's the law for New Jersey, might want to check to see if it's the same for TX.

What happens to a tenant’s property that is left behind after an eviction—the Abandoned Property Law (N.J.S.A. 2A:18-72)
Sometimes, when a tenant is evicted or leaves an apartment on a voluntary basis, the tenant leaves property behind in the apartment. If you want to go back to get the property you left behind, you should notify the landlord in writing. Be sure to tell the landlord your current address. You should also tell the landlord why you left the property and when you will be back to get it.
A landlord may dispose of a tenant’s property only if the landlord believes that the tenant is not going to try to get back into the apartment legally and has abandoned the items.
In addition, the landlord must give the tenant written notice that the landlord intends to dispose of the property. The notice must give the tenant a time period in which to claim the property. This is:
•30 days after delivery of the landlord’s written notice; or
•33 days after the notice is mailed, whichever comes first.
If the property is a manufactured or mobile home, the notice must give the tenant
•75 days from the date of delivery of the notice; or
•78 days from the date of mailing, whichever comes first.
After notifying the tenant that he intends to sell the tenant’s property, the landlord must store the property in a safe place. The tenant is required to pay a reasonable storage cost and the cost of taking the property to the storage place.
The landlord may dispose of the property if the tenant does not claim the property in time. Therefore, if you receive such a notice, you should immediately notify the landlord that you intend to reclaim the property. You should respond in writing because this will give you an extra 15 days from the time described above to get your property. If you do not notify the landlord in writing, you must remove the property in the time set out in the landlord’s notice (as described above).
If you want your property back, you should remove it as soon as possible.

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Hope everything works out!

Answer 6

I am a landlord in NH and we are required to keep anything a tenant leaves behind for 30 days. After that, we can dispose of it, sell it, donate it, as we see fit. Your friend may have been a little bit premature if he did not wait at least 30 days. BUT cleaning and removing the stuff can start the minute they leave so that you can get the apt. ready to be re rented.
Take lots of pictures of the damages and keep track of every hour and every dime you spend and file a small claims action. You will most likely win, but not be able to collect, but you'll (or your friend) will feel alot better. It will also send a message to any other tenants not to pull the same stunt.
Also, we allow our tenants to paint, even wild colors if they want, but it is in our lease that the apt. be returned to the original state. It helps if they agree to this and you have it in writing. Good Luck!!

Answer 7

How long did he wait to get rid of the stuff? Hopefully 30 days.

If not, have him make an itemized list of what he threw out-- and have the tenants do the same-- wtih a value.

If you ahve to, you might end up in court-- and the court MIGHT award them the value of their stuff- but it would be deducted from what they owe him, as far as non-paid rent, damage, etc...my guess is the landlord still comes out being OWED money, not having to pay. Make sure he keeps all receipts for the repairs, and takes lots of pix.

Answer 8

Great question...

I would suggest that you threaten to counter-sue based upon the damages to the unit.

The answer regarding the tenants rights to their property left over can depend upon a number of factors namely.
1. State laws
2. Did the tenant release the unit... did they return the keys, give written notice that they were vacating...

Depending on #2, look towards state laws on guidance of LL responsibilities towards tenants leftover property. In some states LL's are required to put the stuff in storage at the tenants cost.

Certain states require different notice...

This just overall sounds like a pain situation, good luck.

Answer 9

No, don't ignore the representative, but tell your friend to take pictures of what damage is left ASAP. I know you said he moved out the clothes, and that he most likely cleaned out the fridge, but it sounds like there probably still is significant damage.

Is this representative that came a lawyer? Your friend may want to look into one himself. If it's not, then get the police involved. There are also renters laws...contact someone in charge of the state's real estate commission and contact the township or county that he lives in for more renter/landlord laws. Get as much info and law as possible on your side in case they try to do something. In these circumstances, it sounds like they don't have a leg to stand on, but they definitely could cause problems if he doesn't act ASAP.

Answer 10

First....your friend should file a police report for 'criminal damage to propety' or whatever charge your city has to cover said damages.

Then....it is up to the ex-tenant to prove anything was there.
He can't so....tell your friend not to worry about it.

Also...in our city....the landlord only has to hang onto a tenant's property for 30 days.

Call the city and see if they have a 'landlord/tenant dispute department' that your friend can speak with or check your city's landlord/tenant ordinances.