Surly lawyers - tenant property question

[Pancho 46356]

I had some tenants I had to evict due to lack of payment back in December. They finally paid me what was owed (minus late payment fees as I just wanted them out) and ended up moving but they left behind a washer and dryer. I was told a buyer was coming to get it, and that never happened. They then reached out to my realtor asking if she could sell it for them. She said no. So it just stayed in the house. 

A new tenant went in back in January, and he's been excellent. However, they reached out to my realtor yesterday asking to coming pick up W/D.

What are my options here? Am i required to give it back? 

[Gil Bang 26247]

IANAL(but only if she's ok with it).

From my foreclosure days, most states have a dollar threshold for abandoned personal property.   If it's worth less than X, the landlord can dispose of it however he chooses.  If it's worth more, there are storage requirements, notifications, etc. 

YMMV. I look forward to one of our lawdogs providing the correct answer.

[Hank Scorpio 17924]

Give me back my washing machine you son of a bitch. 

[NeverMarryAStripper 22312]

Tell them they can come get it as soon as they pay the storage fee

[wildcat09 29595]

On 7/18/2023 at 6:22 PM, Pancho said:

I had some tenants I had to evict due to lack of payment back in December. They finally paid me what was owed (minus late payment fees as I just wanted them out) and ended up moving but they left behind a washer and dryer. I was told a buyer was coming to get it, and that never happened. They then reached out to my realtor asking if she could sell it for them. She said no. So it just stayed in the house. 

A new tenant went in back in January, and he's been excellent. However, they reached out to my realtor yesterday asking to coming pick up W/D.

What are my options here? Am i required to give it back? 

It depends on what the lease said. The standard TAR residential lease form permits landlords to basically do whatever you want with any property a tenant leaves after moving out. I expect your lease probably had something similar.  But keep in mind that communications with them post-move may have been sufficient to establish an enforceable agreement that you'd let them pick them up later, particularly if they were via email.  

 

[TwiceHorn 32091]

 

C. Personal Property Left After Move-Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b)-(e), Property Code. (2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment.

 

http://content.har.com/FormManager/pdf/79.pdf

 

27.2. Removal and Storage of Property. We, or law officers, may— but have no duty to—remove or store all property that in our sole judgment belongs to you and remains in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) after you’re judicially evicted or if you surrender or abandon the apartment. We’re not liable for casualty, loss, damage, or theft. You must pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal property that is: (1) left in the apartment after surrender or abandonment; or (2) left outside more than 1 hour after writ of possession is executed, following judicial eviction. An animal removed after surrender, abandonment, or eviction may be kenneled or turned over to a local authority, humane society, or rescue organization. 

 

https://www.taa.org/wp-content/uploads/2022/11/2022-Apartment-Lease-Contract-July-2022-SAMPLE.pdf