This guide provides laws, books and other resources on the topic of real and personal property which is lost or abandoned, including through adverse possession.
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Tenants sometimes leave behind personal property when they move out or are evicted. The law does not say how the landlord should handle a tenant’s abandoned property if they move out voluntarily. This might be outlined in the lease agreement.
If a tenant is evicted, the landlord must follow certain procedures for handling the tenant’s personal property. After the tenant loses the eviction suit, the landlord can get a writ of possession that requires the tenant to leave the rental. A law enforcement officer will execute the writ and remove the tenant and their personal property from the rental.
The tenant’s property can then be placed outside of the rental or in a nearby public location. There are a few restrictions:
The landlord does not have to store the property, but the law enforcement officer can hire a warehouseman to remove and store the property.
Once it is stored, the warehouseman then has a lien on the tenant’s property. The tenant must pay the warehouseman's lien within 30 days to recover the property. If the tenant has not paid by the end of the 30-day period, the warehouseman can sell it.
This section describes the procedure for issuing and executing a writ of possession. This is when a sheriff or constable removes the tenant and their property from the rental.
Governs procedures for warehouseman's liens during the writ of possession process.This Texas Law Help article explains what may happen to a tenant's personal property during an eviction.
This article from Nolo explains steps a landlord should take when dealing with a tenant's abandoned property, including providing notice to the tenant, outlining rules in the lease agreement, and disposing of the property.
This article from a private attorney's blog discusses options for landlords after a tenant has abandoned their rental unit.
It may be possible to retrieve personal property from your former residence by asking the court to grant a writ of retrieval. A writ of retrieval allows you to enter your former residence to collect certain personal items, like medicine, clothing, and financial documents. A full list of personal items covered under a writ of retrieval is in Texas Property Code Section 24A.002(4).
A person entering under a writ of retrieval must be accompanied by a peace officer. They also cannot be the subject of an active protective order, other court order, or be otherwise prohibited from entering the property. Read Section 24A.002 for more details on when this process applies.
This statute governs the process for a writ of retrieval, which allows a person to enter a residence or former residence with a peace officer to retrieve certain personal items.
This Texas Law Help article discusses the process for getting a writ of retrieval. Sample forms for this procedure are included.
This deskbook from Texas Justice Court Training Center covers the Texas eviction process from start to finish. Information about writs of retrieval are in Chapter 9A.
