Re: Tenants abandonment

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On 11/05/06, Mike wrote:
> The tenants are holding over their expired lease and have not
> lived at the Premises for over 45 days and counting. There is
> evidence of destruction to premises.
>
> The tenant leaves and seems like abandonment of their personal
> property. What defines abandonment in Texas Landlord-Tenant
> affairs?

"Abandonment:
Many leases define the word abandonment. It will usually be a
statement in a written lease that allows the landlord the right
to peacefully enter a rental unit and remove everything. The
lease will describe the circumstances in which the landlord can
declare the rental unit abandoned. A landlord who declares
abandonment when there is no clear definition in the lease may
be considered to have illegally evicted a tenant."

Best consult an attorney in your area BEFORE you do anything. If
you evict, the tenant may sue you for a civil penalty of one
month's rent, $500, actual damages, court costs, and reasonable
attorney's fees.