Legal Question in Landlord & Tenant Law in Texas

tenants skipped and left belongings

Our renters moved out at midnight Saturday night. Rent is due this following Saturday and the electricity was disconnected on Monday due to non-payment. They called on Tuesday and say we have no right to enter the property and we cannot touch any item in the mobile home. If we do, they will call the police. They say they have 30 days to remove their belongings. We already have someone interested in renting this home. How long do we have to give our renters to get their belongings out so we can clean and get the home ready to re-let? (I have already entered the home and emptied the refrigerator due to the electricity being turned off.)


Asked on 4/22/04, 12:47 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: tenants skipped and left belongings

You must go through the eviction process. That means giving them a written notice to vacate. The general rule is a three day notice unless your lease says something different. If they don't move out by the end of the notice time, you must file an eviction suit in JP court. A hearing will be held in about seven days. You will in all likelihood win if it is a nonpayment of rent issue. Then they have five days to move or to appeal. They can appeal to county court for a trial de novo - and stay in the property pending the trial in county court. IF they do not appeal, on the sixth day after the JP hearing, you can get what is called a writ of possession which is where the constable or sheriff will remove their belongings.

You cannot do this by self-help. You must go through the eviction process. In fact, there are requirements for cutting off electricity which includes giving them advance written notice of your intent to do so.

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Answered on 4/22/04, 11:30 am


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