How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6423
Experience:  20 years professional experience
Type Your Real Estate Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

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.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

(A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here;

(B) When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and

(C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours.

Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms.

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.
    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.