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How should I proceed? My tenant is out of the country for at least 3 months. I have not received rent, and there is no communication. I can't evict because there is no one there to be served. Can I class the property as abandoned? I am in Texas.You can always evict for non-payment in Texas. Here, the Constable must make six attempts in not less than 10 days to do the process service face-to-face.If that doesn’t happen, he can get permission from the Justice Of The Peace to tape it to the front door and just walk away. Also, he can try alternative service, such as Certified Mail.The better option, though is to pursue abandonment if you can. That doesn’t take 6–7 weeks and cost hundreds of dollars.Check your lease to see what it says about Abandonment, because the Texas Property Code does not define it at all.If your lease doesn’t specify what Abandonment is, then it gets down to “your reasonable judgment” as to whether an abandonment notice was appropriate.It would be a good idea if he was behind on rent AND his utilities were not active. Does he have electricity and water on?Assuming that he left all his furniture behind (and that DOES happen sometimes when a tenant abandons), it would be a good idea to pack it up and store it for at least 30 days. You can charge him for the packing, moving and storage if he comes for it, or if he doesn’t, you can sell it in a garage sale or whatever to cover it, and apply any overage to back rent.Rent not paid plus tenant not present at the property, for a while (usually 7–10 days) will usually be sufficient for Abandonment.The tenant never has to be present at a property to remain a tenant, so long as the rent is always paid up current.In order to prove the tenant hasn’t been present, you need to re-key the locks, and that is a procedure in itself.To re-key, you must post a notice on the outside and inside of the front door saying locks will be re-keyed three days later., with your contact information.After the locks are changed, a notice must be posted on the outside of the front door, telling your tenant where he can come to pick up his new key.If there is no request for the key, that is documentation that the tenant hasn’t been back to the house since locks were changed.Then, you need to post an Abandonment Notice on the outside and the inside of the front door, giving the tenant at least two days to contact you and say the property is NOT abandoned, including a phone number and address where they can accomplish that.The Texas Association Of Realtors changed their TAR lease a few years ago to eliminate the requirement that tenant not be present.Instead, it says:You have abandoned the dwelling when all of the following have occurred:(1) everyone appears to have moved out in our reasonable judgment;(2) clothes, furniture, and personal belongings have been substantially removed in our reasonable judgment;(3) you’ve been in default for non-payment of rent for 5 consecutive days, or water, gas, or electric service for the dwelling not connected in our name has been terminated or transferred;and (4) you’ve not responded for 2 days to our notice left on the inside of the main entry door, stating that we consider the dwelling abandoned.Surrender, abandonment, or judicial eviction ends your right of possession for all purposes and gives us the immediate right to: clean up, make repairs in, and relet the dwelling; determine any security deposit deductions; and remove property left in the dwelling. Surrender, abandonment, and judicial eviction affect your rights to property left in the dwelling (paragraph 13), but do not affect our mitigation obligations
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People also ask warranty deed
What is the main purpose of a grant deed quit claim deed warranty deed?The warranty deed adds the additional guarantee that the grantor will defend the title against any third-party claim. The quitclaim deed is also sometimes used, although this document is most often used to disclaim any interest in a property rather than selling a property that one owns.
What is the purpose of a special warranty deed?A special warranty deed is a deed to real estate where the seller of the property\u2014known as the grantor\u2014warrants only against anything that occurred during their physical ownership. In other words, the grantor doesn't guarantee against any defects in clear title that existed before they took possession of the property.
When would you use a special warranty deed?While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.
Can you get title insurance with a special warranty deed?The best way to protect yourself as a buyer is to buy title insurance when you purchase the property. ... A special warranty deed provides the buyer with some guarantees about title, but it does not offer complete protection. However, these types of deeds can be acceptable if other protections are put in place.
What is a Texas special warranty deed?A Texas special warranty deed form is a type of deed used to transfer Texas real estate with a limited warranty of title. The warranty of title provided by a Texas special warranty deed form is limited in the sense that it only covers the period when the prior owner (the person signing the deed) owned the property.