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Answers (9)
- Amy Prumo, "Amy Prumo"
- Contributions:23
Do you live far from this home??? Just wondering why you didn't take a look before you put it up for sale. Also why didn't your agent tell you there were belongings in it???
- wetdawgs
- Contributions:26833
Good luck getting through this situation.
In the future, tenants normally do not have the keys (i.e. access) to the rental until until you've received the security deposit and the first month's rent. A "promisary note" would terrify my hard landlord heart.
In the future, tenants normally do not have the keys (i.e. access) to the rental until until you've received the security deposit and the first month's rent. A "promisary note" would terrify my hard landlord heart.
- sunnyview
- Contributions:25139
Sounds reasonable, but to cover yourself I might also send a written notice to the tenant notifying them of the terms of the contract before you just confiscate their property. You can also try asking the avvo.com forum here for specific legal advice in your state to see if they can give you some tips on covering yourself and sending proper notice. Getting advice up front will save a lot of potential hassle later.
- brad03
- Contributions:3
It comes out now that they are people that take advantage of people that try to help them out when they dont have enough money to pay the rent and deposit at the same and they need a place to live
- Naima Sumner, "Dallas Ft. Worth PRO"
- Contributions:2847
Typically lease agreements say that the tenants must pay the depost and the first month rent BEFORE they are given any keys. It sounds like you didn't even have a executed lease agreement either. Have you tried discussing with them that you keep the deposit as damages for time taken off the market and missing out on other tenants? may be you can end this amicably and without further expenses.
Naima
Naima
- brad03
- Contributions:3
no they only gave me the deposit money they didnt give me no rent money. I do have a promisary note they signed but they didnt follow throught on it
- Naima Sumner, "Dallas Ft. Worth PRO"
- Contributions:2847
I agree with both Wetdawg and Cindy, consult an attorney to protect yourself. Realtors aren't allowed nor should give legal advice unless they are attorneys too.
That being said, when you signed the lease, did the tenant give you the first month rent and deposit?
Naima
That being said, when you signed the lease, did the tenant give you the first month rent and deposit?
Naima
- Cindy LaPeer ABR, e-PRO,SFR, Cdrs, "Houston Metro Pro"
- Contributions:2239
The contract may say a lot of things, but unless you've done your due diligence and tried to contact the former tenant, you could be in hot water. Like Wetdawgs said, you need to find a real estate attorney to give you the best advice. Our laws in TX protect the tenants more than the landlord/owner in many cases. Here you find the TX Tenant's Rights Handbook that may help you as well.
- wetdawgs
- Contributions:26833
Before taking any action related to abandonment of personal property, it is imperative that the Landlord contact a local attorney to discuss the situation in order to be fully appraised of applicable state law beyond the scope of the Lease.
I have a past tenant that was renting a property from me in texas.
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