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Section 92.056 of the Texas Property Code requires a tenant to take several steps before the landlord is considered to be liable to them. A landlord's liability allows a tenant to to take certain actions like ending the lease or deducting the cost of repairs from the rent.
To avoid the uncertainty of Texas Property Code Sec. 92.0081 (b)(2), landlords may file a Forcible Entry & Detainer action. After giving the occupants notice to vacate, the landlord must file a sworn written complaint in the justice court. Five days after the court grants judgment, it can issue a writ of possession.
As previously mentioned, the Texas Property Code deems properties abandoned if they are left unclaimed after 60 days in storage. Hence, you are free to destroy them, turn them over for garbage disposal, or donate them to charity. Yes, Texas landlords can sell off abandoned property.
92.056. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties.
What is the three-year rule? That is the general escheat rule for personal property. Unclaimed personal property is considered abandoned if, for longer than three years, the location of the owner is unknown and a claim to the property has not been asserted.