Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi - my name is ***** ***** I'll be glad to assist.
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.
Here's a link to the statute: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.93.htm
If it's a residential tenant........give me a minute and I'll find that information....
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.
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