QUESTION
If you are in a "lease to own" contract and the previous tenants left belongings behind, how long do we have to hold on to them?
Asked on Aug 17th, 2012 on Real Estate - Texas
More details to this question:
Almost four months ago we entered into a "lease to own" agreement with some former friends. They had asked us if they could leave behind a few things in the shed and come get them within a month. But a month has turned into almost 4 and they still have items in our home, as well as 1/2 a large storage shed as well as outside "belongings (i.e. barbeque, etc). We have requested repeatedly that they come and get their belongings, and even though they have been down here several times (they now live 2 hours away), they have yet to get their items.
By Texas Law, how long do we have to keep their items here (It is not written into the contract anywhere that we have to keep the stuff). How do we handle getting them to get it? At some point does it become abandoned and therefore we can do what we want with it?
1 ANSWER
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Texas law will, of course, determine what the proper answer is. I do not know if a Texas attorney is available to give you a specific and better response than I can.
I would hope that Texas law would provide a specific remedy, such as giving them written notice that, if the materials are not picked up within a specified time that they will be deemed abandoned and can be disposed of by you. Unless a Texas attorney provides a better response, I recommend that you do two things:
1. Take some good photographs of the items left behind, and ask friends or neighbors to view the materials and make a memorandum of what the items are and their condition and (if possible) even their estimated value. This is to protect you in the event you do dispose of the items at a future date (even in compliance with Texas law) and your former friends accuse you of disposing of valuable assets without justification.
2. Confer with a good real estate lawyer in your area. The information that you can get from such a conference will be well worth a modest conference fee.
Answered on Aug 18th, 2012 at 3:23 PM