In Texas, what a landlord may do with a tenant's belongings depends on how the tenant left. The Property Code treats abandonment, a writ of possession after an eviction, a landlord's lien seizure and a sole tenant's death differently. Confirm your legal right to clear the unit with a Texas attorney before any trash-out starts.
Read this first
This guide summarizes parts of the Texas Property Code as published at statutes.capitol.texas.gov. It doesn't cover every rule, exception or lease term that could apply to your unit.
Cowboy Site Services is a junk removal and cleanout company. We don't give legal advice, and we can't tell you whether a unit is legally yours to clear.
Statutes change. Chapter 24 of the Property Code shows Section 24.0061 was last amended effective January 1, 2026, so read the current text before you act.
Which situation are you in?
Each one has different rules. The sections below take them one at a time.
- The tenant moved out and left things behind, or seems to have abandoned the unit.
- You won an eviction suit and an officer is executing a writ of possession.
- The tenant is still there, owes rent, and your lease includes a landlord's lien.
- The tenant was the only occupant and has died.
- The space is commercial, not residential.
When a residential tenant abandons the unit
Chapter 92 of the Property Code covers residential tenancies. Section 92.0081(b) bars a landlord from intentionally locking a tenant out except by judicial process, with a short list of exceptions.
One exception is removing the contents of premises a tenant has abandoned. The others are bona fide repairs, construction or an emergency, and changing the locks on a tenant who is behind on rent.
Chapter 54 says the same in Section 54.044(d). If the tenant has abandoned the premises, the landlord or the landlord's agent may remove its contents.
Why the abandonment call matters
Neither section gives a checklist for deciding a unit is abandoned. Getting it wrong has a cost.
Under Section 92.0081(h), a tenant whose landlord breaks the section may recover possession or end the lease. The tenant may also recover a civil penalty, actual damages, court costs and reasonable attorney's fees, less rent owed.
Section 92.0081(j) says a lease clause that tries to waive these rights is void. If there's any doubt, that question belongs with an attorney before anyone starts loading.
After an eviction judgment: the writ of possession
Under Section 24.0061(a), a landlord who wins an eviction suit is entitled to a judgment for possession and a writ of possession. Here is how the statute describes what happens next.
- Timing: under subsection (b), the writ may not issue before the sixth day after the judgment. The exception is an approved possession bond.
- Service: under subsection (b-1), the sheriff or constable must serve the writ by the fifth business day after it issues.
- Warning: under subsection (d)(1), the officer posts a written warning on the front door at least 24 hours before the writ is executed.
- Removal: under subsection (d)(2)(C), the officer has the tenant remove the property. Or the officer lets the landlord, the landlord's representatives or others under the officer's supervision remove it.
- Placement: under subsection (d)(2)(D), property goes outside at a nearby spot, not blocking a public sidewalk, passageway or street. It can't be set out while it's raining, sleeting or snowing.
Who stores or disposes of the property after a writ?
Once the property has been set out under the writ, ask your attorney what happens to anything left behind. That's the point where a trash-out crew usually comes in. Our story on turning a trashed rental around walks through the cleanup side.
- Subsection (d-1): a city may provide a free portable closed container for the property. It may dispose of the contents lawfully if the owner doesn't recover them within a reasonable time.
- Subsection (e): the officer may, at the officer's discretion, use a bonded or insured warehouseman to remove and store the property. That comes at no cost to the landlord or the officer.
- Subsection (f): the officer may not require the landlord to store the property.
- Subsection (i): a landlord isn't liable to the tenant for damages from enforcing a judgment in the landlord's favor, including the writ's execution.
Seizing property under a landlord's lien
Section 54.041 gives a residential landlord a lien for unpaid rent that is due. It attaches to nonexempt property in the residence or in a storage room the tenant uses.
The lien comes with strict conditions. Section 54.043(a) says a contractual lien isn't enforceable unless it's underlined or in conspicuous bold print in the lease.
- Exempt items (54.042): clothing, tools of a trade, schoolbooks, a family library and family portraits. Also one couch, two living room chairs, and a dining table and chairs.
- More exempt items: beds and bedding, kitchen furniture and utensils, food, medicine, one car and one truck, agricultural implements and children's toys.
- Seizure (54.044(a)): only nonexempt property, only if a written lease allows it, and only without a breach of the peace.
- Notice (54.044(b)): right after a seizure, leave written notice and an itemized list of what was removed in a conspicuous place in the dwelling.
- Costs (54.044(c)): no charges for packing, moving or storage unless a written lease allows them.
- Sale (54.045): only if the written lease allows it, after notice at least 30 days ahead by both first class and certified mail.
- Redemption (54.045(e)): the tenant may redeem the property any time before the sale by paying the rent owed and allowed costs.
- Leftover money (54.045(d)): sale proceeds beyond what's owed go to the tenant's last known address within 30 days.
When a sole tenant dies
Under Section 92.014(c), if a tenant who was the only occupant dies, the landlord may remove and store the property. It must go to the person the tenant designated, or anyone lawfully entitled, who asks before it's discarded.
Under subsection (c)(5), the landlord may discard it only after a certified-mail request to the designated person. The person must fail to remove it by the 30th day after the postmark, with no one else claiming it.
Under subsection (d), a written lease or other agreement can set a different procedure. A family settling things may also need an estate cleanout on their side.
Commercial space is different
Chapter 93 covers commercial tenancies. Section 93.002(c) has a lockout rule much like the residential one, including an exception for removing an abandoned tenant's contents.
Under 93.002(d), a commercial tenant is presumed to have abandoned the space when enough property is removed to show a probable intent to leave. That removal must be outside the normal course of business.
Under 93.002(e), the landlord may remove and store what's left, and dispose of it if unclaimed within 60 days of storage. The landlord must mail the tenant a certified notice saying so.
- Section 93.002(g): a landlord who breaks the section can owe actual damages, attorney's fees and court costs. The tenant also gets the greater of one month's rent or a set amount.
- Section 93.002(h): a lease overrides 93.002 where the two conflict, so read the lease closely.
- For the physical work, our commercial cleanouts cover offices, retail and warehouse space.
The security deposit clock
Under Section 92.103(a), the landlord must refund the deposit by the 30th day after the tenant surrenders the premises. Under 92.107(a), that waits until the tenant gives a written forwarding address.
Section 92.104 lets the landlord deduct damages and charges the tenant is legally liable for, but not normal wear and tear. Any deductions need a written description and itemized list.
Under 92.109(d), missing the 30-day deadline for the refund or the list creates a presumption of bad faith. Clear photos of the unit's condition at turnover support any deduction later.
Where a cleanout crew fits
Once your right to clear the unit is confirmed, our eviction and rental cleanouts handle the trash-out across Collin and Grayson County. We clear furniture, mattresses, clothes, food waste and whatever's in the garage.
We sweep the unit so your cleaners or painters can start the same day, and send photos when we're done. If there's a legal hold or you need an itemized list for the file, tell us up front and we'll work to it.
Pricing goes by trailer space, from $189 for a minimum pickup, with a firm quote on site before we load. Our pricing page shows the tiers. Managers running several doors can see how we work on our property manager page.
This is general information, not legal advice.