IF TENANT HAS VOLUNTARILY MOVED OUT:

At any time during an Tenant's occupancy, you may reclaim possession your property if you have determined that the Tenant has voluntarily moved out. IMPORTANT: you do not have to go to Court or get a Court Order to reclaim possession of your property if you know for certain that Tenant has moved out, abandoned the property or turned in the key.

CAUTIOUSLY ENTER PROPERTY to determine whether there are enough furnishings to sustain livability. Most written Lease Agreements will allow you to do this.

• As you are entering, make sure to take pictures or a video to use as evidence of abandonment or dangerous conditions (such as an pet left behind or an occupant still present)
• REPEATEDLY ANNOUNCE YOURSELF LOUDLY! Ask: Is anyone is at home/here?
• Check to see if utilities are turned off--this is a key indicator whether property is abandoned
• If you have DETERMINED Tenant has moved, change the locks and take immediate possession to secure the property from vandalism or theft
• If you are NOT SURE Tenant has moved, DO NOT change the locks, wait until after 48 hour Notice of Abandonment has expires to secure property from vandalism or theft
• Post a 48-Hour Notice of Abandonment on the exterior door of the property
• Note: if Tenant makes contact before the 48-Hour expires, you must allow Tenant to 1) retrieve personal property;  or 2) claim that they have not abandoned the property
• After the 48-Hours expires, Tenant will have difficulty obtaining a Writ of Re-entry from the Court if evidence supports abandonment
• If the Writ of Possession has already been requested, make sure to inform Move-out Deputy so the Writ can be returned to the Court as executed
• After the 48-Hours expires, you may dispose of any personal property left behind

EVICTION CASE WILL LIKELY BE DISMISSED IF TENANT VACATED WITH NOTICE:

• The eviction case will likely be dismissed if the tenant appears in court and informs the judge they have already moved out. Note: the Court may determine that you can not evict someone who does not live at your property
• In most cases, courts will allow you to evict a tenant who has vacated the property if they have not formally notified Landlord or turned in the key.
• It is, however, crucial for the tenant to appear at the eviction hearing to inform the Judge that they have moved out.
• If Tenant did not turn in the key, the Court will take this into consideration as Landlord may not be aware that Tenant has vacated and Tenant may still be considered an occupant of the property

CAN YOU STILL GET A JUDGEMENT AGAINST TENANT?

If Tenant has abandoned the property, you may still be able to get a Judgement against Tenant's public record. The Court will want to know:

1. Did Tenant turn in the key as agreed upon (verbally or in a written Lease)?
2. Did Tenant schedule a final walk-thru inspection of the property?
3. What does the Lease state about abandonment?
4. What does the Texas Property Code state about abandonment?

If the Court determines that Tenant did not properly vacate the property, the Judgement will likely be in favor of the Landlord for possession and back rent owed. Note: in this example, Landlord already has possession of the property

The Landlord must decide whether to pursue the Judgement against a Tenant who has vacated the property after the eviction lawsuit has been filed

Article written by: Tiger Harris

Disclaimer:  Express Evictions of Texas is NOT a Law Firm and this information should not be considered legal advice. This informatoin is provided for marketing and informational purposes only. If you need legal advice, you must hire a licensed Attorney