Rental Turnover Cleanouts: A Denton County Landlord's Guide

When a tenant moves out and leaves a mess, work in this order: make sure the unit is legally back in your hands, check what your lease says about property left behind, document everything, and then get it cleared with a firm price so cleaning and repairs can start. The hauling is the easy part. The first three steps are where landlords get into trouble, so that's where this guide spends most of its time.

Make sure the unit is yours to clear

Texas limits when a landlord can keep a tenant out. Under Texas Property Code §92.0081, a landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process, with a few exceptions. One of them is removing the contents of premises the tenant has abandoned. The statute doesn't spell out what counts as abandonment, so look at how your lease handles it before you treat a unit that way.

If you went through an eviction, the writ of possession sets the timing. Under §24.0061, a writ generally can't be issued before the sixth day after the judgment for possession unless a possession bond was filed. The officer posts a warning at least 24 hours before executing it. At execution, the tenant's property can be removed and placed outside the unit at a nearby spot, but not blocking a public sidewalk, passageway or street, and not while it's raining, sleeting or snowing.

What Texas says about left-behind property

A few rules from Chapter 54 of the Property Code matter most for residential turnovers:

• If the tenant has abandoned the premises, the landlord or the landlord's agent may remove its contents (§54.044(d)).
• Unless a written lease authorizes it, the landlord can't collect a charge for packing, removing or storing property seized under that section (§54.044(c)).
• Seized property can't be sold or otherwise disposed of unless the written lease authorizes it. Before a sale, the tenant gets notice at least 30 days ahead by both first class mail and certified mail, return receipt requested (§54.045).
• A contractual landlord's lien isn't enforceable unless it's underlined or in conspicuous bold print in the lease (§54.043). Some property is exempt from the lien, including clothing, beds and bedding, family portraits and pictures, kitchen furniture and utensils, medicine, and children's toys (§54.042).
• Willfully breaking these rules can leave a landlord owing the tenant actual damages, the property or its proceeds, a statutory penalty and attorney's fees (§54.046).

Commercial spaces follow different rules. Under §93.002, a commercial landlord may remove and store property left on abandoned premises and may dispose of it if the tenant doesn't claim it within 60 days after it's stored, after sending the tenant a certified-mail notice saying so.

This is general information, not legal advice. Leases and situations vary, so check with an attorney before you dispose of a tenant's belongings.

Document before anything moves

Before we load a thing, make your own record. Take photos or video of every room with closets and cabinets open, plus the garage, the yard and any appliances that belong to the property. Note anything that looks like personal paperwork, photos or IDs, and set it aside if your lease or your attorney says to hold it. It takes a few minutes, and it's the best record you'll have if questions come up later.

Apartments and the city's curbside pickup

If you manage apartments inside the City of Denton, don't plan a turnover around the city's residential bulky-item pickup. The city's solid waste rate ordinance says residential collection services aren't available to residents of apartments, dormitories or other multifamily housing units. Single-family rentals can use curbside bulk pickup, but it has weekly limits, and a full turnover usually runs well past them.

How a turnover cleanout works with us

Send photos of each room and tell us the floor, whether there's an elevator or stairs, and where we can park. For a whole house, we can do a free, no-obligation walkthrough on site instead. Either way, the firm price is confirmed on site before any work starts, and it's based on how much space the load takes in the truck or trailer.

We can coordinate access with you, a family member or your property manager, and keep you updated by phone. That's how it went for Adam, whose renters left his Argyle home a mess while he was out of town:

On the day, we carry everything out, sort it and load it. Usable furniture and household goods go to local charities, recyclables get recycled, and the rest goes to the landfill. A tenant's broken fridge, washer or dryer can ride in the same load. We leave the unit swept so cleaning and maintenance can start, and you pay after the job is done to your satisfaction.

A few things stay behind: hazardous waste like paints, chemicals, fuel and oils; cement and concrete; and mattresses with severe biohazard contamination or active bed bugs.

Keeping vacancy days down

• Text us as soon as you know. Same-day service is sometimes possible, but it isn't always available, since Damon works fire shifts and has a family. The earlier we hear from you, the more options there are.
• Batch your units. If more than one turnover is coming, one visit usually beats two.
• Tell us what stays. Point out the appliances, blinds and fixtures that belong to the property so they don't end up on the trailer.
• Add items on the spot if you need to. If you find more in the attic, we re-price by the added volume and confirm the new total before we keep going.

Our apartment cleanout service handles multifamily units, and property cleanouts covers houses, including garages, sheds and yards. If your rentals are around Argyle, see our junk removal in Argyle page for local details.