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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6272
Experience:  20 years professional experience
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A resident has failed to move into an apartment or put

Customer Question

A resident has failed to move into an apartment or put utilities in his name. Does a Notice of Belief of Abandonment apply as a remedy for me?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.

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On what date was the lease due to start?

Have they been paying rent on time? If so, how many payments have you received?

Customer: replied 1 year ago.
10/9/15. A local charity paid the rent and deposit, but the apartment is vacant.
Expert:  Maverick replied 1 year ago.

The Texas Property Code does not define abandonment. So it is up to either the lease or a judge to define it. The notice of belief is a CALIFORNIA concept.

Abandonment is defined under the TAA lease as when:

  1. Everybody appears to have moved out in the landlord’s reasonable judgment;
  2. Clothes, furniture, and personal belongings have been substantially removed from the dwelling; and
  3. No one has been in the dwelling for five consecutive days while the rent is due and unpaid.
    or
    A dwelling is abandoned 10 days after the death of a sole resident.

So, you should wait till all of these factors occure before trying to reposses on abandonment grounds.

Customer: replied 1 year ago.
I'm on a monthly fee and tip.
Expert:  Maverick replied 1 year ago.

Not sure what that means. But if you assign a feedback rating then JA should take care of my fee in the context of your payment plan. Thanks.

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