Legal Question in Real Estate Law in Texas

Home Purchase - Items left in home

I purchased a home in February. According to the lease agreement, the sellers had to be out of the home and have all personal effects out of the home by midnight Saturday, March 3. When I arrived at the home on Sunday, there were still personal effects in the home - several pieces of furniture, clothing, food in a refrigerator, patio furniture, computer desk, a treadmill, endtables, and other misc. items. My lease states that they will owe $200 per day they remain in the home. If I get rid of all the personal items (dispose of it) can the sellers come back and claim I stole their property. Do I have to give notice for them to pick the stuff up or I'll dispose of if? Does the lease protect me, since they left it on the property beyond the day they agreed to vacate?


Asked on 3/05/07, 3:06 pm

1 Answer from Attorneys
Johm Smith tom's

Re: Home Purchase - Items left in home

If anyone would be liable it would be the seller because they were the landlord. You should inform them that you are going to dispose of the property and they should come get it if they want to protect themselves. Because you bought the house, are you sure it wasn't included with the house as part of your price negotiations? I did that when I bought my last home. That would mean the seller would be potentially liable to the former tenant but you might be able to claim that you are an innocent third party that believed the seller had the right to sell you the items. But if this interpretation is not correct, then don't try to use it. The truth will always come back to help you.

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Answered on 3/05/07, 3:19 pm


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