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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53959
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My tenant left without notice, and did not pay July rent. The

Customer Question

My tenant left without notice, and did not pay July rent. The agreement says the security deposit could not be used to cover rent. It also says after 15 days of abandonment, I have a right to deny access. The washer and dryer are the only things left in the house, and I am not sure when they actually moved out. What can I do as a landlord. Thanks
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Richard replied 5 years ago.

Good afternoon. Given that they have given every indication of abandonment, you can take possession of the property without going through the formal eviction process. You should send them written notice that you are applying their security deposit to cover unpaid rent. You can then file a claim against them for any excess damages or unpaid rent not covered by the security deposit. Once you get a judgment awarded in your favor, you can then have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court and answer questions under oath about his assets. After you obtain that information you have the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the debt.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have different intricacies in their laws and any information given is simply general information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

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Customer: replied 5 years ago.
Even though the agreement says once it is abandoned for 15 days and the rent is not paid,and I don't know when they left,and the only thing left is a very nice washer and dryer,is it abandoned
Expert:  Richard replied 5 years ago.

Sorry for the delay....dinner break.

 

If they did not pay the rent, you can presume they left July 1. The washer and dryer....they actually become fixtures, since they are hooked up and you can retain those.

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