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Abandoned property

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torimac

Member
What is the name of your state? Texas

Last year, I allowed a friend to move a fifth wheel trailer onto my property. The occupants were to be her and her child. She asked if a friend could move in to help with child care. Shortly after that, she and her child moved out, leaving the friend. Originally she was to stay there until the beginning of summer. I was not going to charge rent, just the difference in utilities.

Once she moved out, the friend was the only occupant. She had no job at the time. She asked for a lease so I found a generic lease for a month to month and printed it out. I gave her a copy of the lease but she never returned it. So I considered it month to month. She agreed, verbally, in lieu of rent to help out around the farm. I gave her a short list of things to do, none of which she did.

The friend was there for six months when I began to notice certain behaviors. There was trash strewn all around the outside of the trailer. I did not realize she was a hoarder and once she filled the trailer, she started stacking stuff outside. She also purchased a short shipping container and had it delivered near the trailer, without permission. I live in a rural area, so there is no HOA and the house or trailer cannot be seen from the road. The trash outside considered to pile up. There was now a trail of plastic bins, plastic bags full of stuff, and other items generally piled up between the trailer and the container. She still had no job by the spring of 2021. Yes, unemployment was an issue during the pandemic but she works in a field that is in high demand. On May 1st, I gave her notice to vacate within 30 days.

Memorial day weekend she shows up with a small u-haul and loads up a lot of her stuff. She does no cleaning and there is still trash strewn about. This is now causing issues because some of it is attracting bugs and other animals. She says she is having issues making arrangements for moving the container and asks for more time. I give her two more weeks.

Now she wants two months to move the container. I and friends have spent our free time during the past two weeks cleaning up the trash. She has not helped at all. She has had six weeks to move her personal property. Am I legally required to let her back on my property? At what point is the container considered abandoned property?
 


adjusterjack

Senior Member
Am I legally required to let her back on my property?

Yes. Because if you don't, this is what she can do:

Texas Property Code Title 4, Chapter 24A (2019) - Access to Residence or Former Residence to Retrieve Personal Property :: 2019 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

At what point is the container considered abandoned property?

When you get a writ of possession from the court after filing for eviction. See:

Texas Property Code Section 24.0061 (2019) - Writ of Possession :: 2019 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

Here's where you made your mistake:

Last year, I allowed a friend to move a fifth wheel trailer onto my property.

Now you are stuck with the consequences until she number 2 gets her act together, unless you want to go to court.

I'm not berating you. Well, I am, but sympathetically, as I have also made similar mistakes and long regretted them. In fact, I didn't learn my lesson the first time I made that mistake. Long story short: Never again.

PS: If you want the long story, let me know.
 
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torimac

Member
Yes, I have learned my lesson. I am curious on the long story if you want to DM me. I read the links you supplied, thanks. I think I found the forms. I gave a notice to vacate. So I guess the next step is to file for eviction.
 
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adjusterjack

Senior Member
Unfortunately, Texas doesn't have a simplified method for the removal of a tenant's abandoned property. You can see by this national survey (not up to date) that the processes are widely different with some states having none at all.

STATE LAWS ON LANDLORDS’ TREATMENT OF ABANDONED PROPERTY (ct.gov)

You could try written notice with a deadline for removal after which you'll have it disposed of and send her the bill for the cost. That would be a bluff. If it's still not removed, you'll have to go to court.

Your local court is likely to have the forms. Dallas, for example, has all the rules and forms on its website. You shouldn't have to hire a lawyer.

JP 3-1 | Evictions (dallascounty.org)

I have found that many of the Texas courts have similar resources.
 

torimac

Member
I found the forms. For future reference of those who may need to know in the future, you can find them here: https://www.tjctc.org/SRL/eviction-plaintiff.html There is a helpful information document and a pdf form. Now I just need to read the 300+ pages rules of procedure. It looks like service has not been updated for the electronic age. As I do not know the residential or work address of the person, I have to figure out service.
 

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