State Specific Question About: TEXAS (TX)

Call code enforcement and health department, explain lack of water and feces. Ask them to intervene and declare unit uninhabitable. Tenant will be forced to vacate. You will be left with a big mess.

Maybe, just maybe, this is a case where the government can actually help you.

Now..You say the tenant let you inside. This is a good thing. Is the tenant reasonable? Maybe you can make a deal with them. Are they willing to vacate? How about putting them into a weekly-rate hotel and giving them some walk-around money(say $200), in exchange for keys. Anyone can see where this is going to end up. Surely the tenant can see this too. Help them solve the problem now instead of another month from now.

ok, so it is not clear if the tenant is actually living there.

If that's the case, I would start by posting notice of abandonment.

Ask Brad20K how to deal with the small volcano in the waterless toilet bowl,...he is an authority on volcanoes created by tenants,...LOL.

Geesh, I can smell those dirty diapers from here.

Was there anything of value in the unit?

Sounds to me like they have abandoned it. Maybe a squatter has been living there since then and filling the toilet.

do not call code enforcement !!!). it appears it has been abandoned. change the locks and leave notice on front door

with your contact tel.number. start cleaning.

I agree with pmh.

The last person I would call in anything but a criminal situation is someone from the government. They will only hurt you. That's all they know. It's your unit and your tenant. They can lean on you and you have the resources (in their eyes) to fix it. They can find you. They can't find the tenant. They can collect from you, they can't collect from the tenant. No way you win this one by getting the code people involved.

The last property I purchased at rock bottom price was because the tenant who was a convicted felon call code enforcement after the landlord started eviction. When I got the place the power was cut at the pole and the landlord had to pay the other tenants to leave since he couldn't provide the housing he rented to them. This was in the dead of winter with no power and thus no heat.

Jeff...I am concerned because even though they may have abandoned the unit, it appears that you entered without giving them any notice. That may come back to bite you, if you didn't.

What landlords should do in a case like this, is leave a notice to enter, on the door with a time and date (24 hrs in advance or whatever is required in your state and/or lease? If you come back and the note is still there, they may have abandoned it (or not but at least you gave required notice and can enter after knocking of course). If the note is gone, they are probably still living there or at least coming and going.

You have to be careful about doing anything illegal such as entering without sufficient advance notice or you may be giving them ammunition to use in court. Be sure that your eviction, notices to enter, and other things are legal in your state.

Jeff, The real answer was provided by PMH and BILLS.

NEVER call the govt. They can only cite / fine the OWNER. Plus it puts YOU on their radar. They will ALWAYS be watching you with suspicous eyes. They are not LLs and often blame the LL for such living conditions.

You said "nothing moved" - my bet: he's gone and doesn't give a flying rip about you or the court.

Did he even get served with court papers? Deadbeats know to disappear and most LLs won't find them.

Evidence: Check for edible food in the fridge (any electricity for the fridge?) and the cabinets, sleeping items even if it's just a blanket on the couch, usable toiletries, and utilities.

In the morning, call all utils. That might be your answer. Ask for the date he called to disconnect or the date THEY disconnected fro non-payment. MY judge says it is abandoned if THE RESIDENT disconnects the utils.

Post ABANDONED PROPERTY NOTICE on the door "Must call XXX-XXXX in 24 hours or remaining items will be disposed."

I then put a piece of blue tape over the key slot. Take a pic as proof you posted. He'll either call and cuss, or you'll never hear form him again.

Come back the next day and check your notice. Gone? Still there? Key slot untouched?

Entry: no response to calls, letters is our excuse to enter. MY judge says we have a right to protect our property if we suspect physical damage and a SAFETY CHECK is OK.

Volcano: (thanks for the endorsement Roy!) bag it for now. Control the odor.

Once the water is back on, break it up with a stick and flush a bit at a time. Or remove the bulk with a small shovel. The porcelain will wash clean.

OR...just replace it.

Echo,

In this situation, for sanitary reasons, I would pour powdered Lime on the volcano and then use duct tape to tape the toilet lid shut and replace the whole toilet. A small shovel is fine for dog poop but not this. A LL's best tool is a 40 lb. bag of Lime.