CH 9 TRANSACTIONS USED Iin REAL ESTATE TRANSACTIONS part 2.pdf.docx

Taking tenants property under certain circumstances a

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Taking Tenant’s Property Under certain circumstances, a landlord may remove and sell a tenant’s property—under a landlord lien or abandonment. Landlord Lien Texas law gives a landlord a lien ( landlord lien ) on a tenant’s nonexempt property for unpaid rent that is due. If a tenant is behind on rent and a written lease gives the landlord permission to exercise this lien on the tenant’s property, the landlord may enter the rental unit and take nonexempt property to secure payment of the delinquent rent. The clause giving the landlord permission must be underlined or printed in conspicuous BOLD PRINT to be enforceable. The property must be either in the tenant’s residence or in a storage room for a landlord to seize the property. A storage room includes an attached garage or a shed. Examples of Non-Exempt Property Televisions, stereos, CD players, and VCRs Records, audiotapes, CDs, and VCR tapes Answering machines, telephones, sewing machines, and calculators Books and paintings All furniture except for one couch, two living room chairs, dining table and chairs, kitchen furniture, and beds Personal computers, printers, and typewriters Musical instruments, cameras, radios, and clocks All sports equipment: tennis rackets, fishing equipment, guns, water skis, bicycles, exercise equipment, golf clubs, softball equipment, archery equipment, underwater gear, motorcycles, and boats The tenant can recover property any time before it is sold by paying all of the delinquent rent that is owed, and, if authorized in a written lease, all reasonable packing, moving, storage, and sale costs. ___________________________________________________________ Unit 9: Contracts Used In Real Estate Transactions II 346
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Abandonment Abandonment ends the tenant’s right of possession for all purposes and gives the landlord the immediate right to clean up, make repairs, re-rent the dwelling, determine any security deposit deductions, and remove property left in the dwelling. The Texas Property Code does not define abandonment; therefore, it is up to either the individual lease or a judge to define it. It is important for a landlord to act carefully when declaring abandonment, especially if the lease does not define it. If nothing exists in the lease about abandonment and the landlord removes all of the tenant’s property, a court could consider it an illegal eviction in violation of the tenant’s rights. Texas Apartment Association Definition of Abandonment 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 5 consecutive days while the rent is due and unpaid; or a dwelling is abandoned 10 days after the death of a sole resident.
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  • Fall '19
  • Leasehold estate

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