commercial eviction

[savemart55]

A neighbouring tenant of mine in a strip mall lost a case for minor lease violations in JP court in Texas. The Mall will be given a Writ of Possession in 5 days. He thought that he should pay his rent for the month so that he would be allowed time to move his restaurant equipment. I suggested that he only pay for the days until he moves out since he may never get a refund. He thinks that the Mall can't keep his equipment since he owes them nothing.The suit was for not spending enough on advertising and putting a satellite dish on the roof of the Mall and asked for no monetary damages. He decided not to appeal. The mall has the right to lock him out but do you think that they also have the right to all his possessions if he doesn't move them in time?

 

[JETX]

It is unlikely that the landlord would remove the property immediately upon notice to vacate.

And in the event that he did move it, there are certain statutory requirements that he would have to meet.

Texas Property Code (§ 93.002. Interruption of Utilities, Removal of Property, and Exclusion of Commercial Tenant):
"(e) A landlord may remove and store any property of a tenant that remains on premises that are abandoned. In addition to the landlord's other rights, the landlord may dispose of the stored property if the tenant does not claim the property within 60 days after the date the property is stored. The landlord shall deliver by certified mail to the tenant at the tenant's last known address a notice stating that the landlord may dispose of the tenant's property if the tenant does not claim the property within 60 days after the date the property is stored."
Source: http://www.capitol.state.tx.us/statutes/py/py009300toc.html

I would suggest that your friend negotiate a reasonable allowance for removing his property and pay the rent for the interim.

 

[savemart55]

Thanks

Thank you very much for your timely reply. I'll show him your response.