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Roger
Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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What is meaning of abandonment by tenant in Texas and what

Customer Question

What is meaning of abandonment by tenant in Texas and what is landlords right
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 1 year ago.

Texas Property Code, Chapter 8, Title 93 says:

Sec. 93.002. INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND EXCLUSION OF COMMERCIAL TENANT.

(d) A tenant is presumed to have abandoned the premises if goods, equipment, or other property, in an amount substantial enough to indicate a probable intent to abandon the premises, is being or has been removed from the premises and the removal is not within the normal course of the tenant's business.

Expert:  Roger replied 1 year ago.

Here's a link to the statute: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.93.htm

Expert:  Roger replied 1 year ago.

If it's a residential tenant........give me a minute and I'll find that information....

Expert:  Roger replied 1 year ago.

Unfortunately, the Texas Property Code DOES NOT define abandonment for a residential lease. Instead, whether the property has been abandoned is left largely to the discretion of the landlord.

Expert:  Roger replied 1 year ago.

However, the identifiers are basically the same -- if the tenant voiced/indicated he/she is leaving, if the tenant's belongings are removed, if there has been no one at the property for several days, rent hasn't been paid, etc. Here's a good link that outlines several of these issues -- including abandonment: http://www.housing-rights.org/lien.html

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