Can I Sell Roommate's Stuff?

[Jacqueline10]

Jurisdiction

Texas

I'd like to preface this by saying that my roommate and I rented a house together, however their name isn't and has never been on the lease. They moved out just over a month ago, however I still live in the home.

My roommate left behind a box full of stuff that I would value maybe around a couple hundred dollars, movie paraphernalia and "collectibles". They also left major damage to the home, broken mirrors and a hole in the wall, which I paid to fix, as well as having to pay a cleaning crew to clean their room professionally since it was filthy. I would like to sell these left-behind items to cover these damages as well as the back rent they owe. It has been over 30 days since it was left here, however I haven't sent them any notice that their belongings are still here as I know they'd want them back and then I will be out of the money for the repairs.

I didn't file a police report for the damages as I didn't want my landlord to find out and kick me out.

 

[army judge]

If you sell that junk and keep the money, the deadbeat will probably sue you because he or she was your tenant.

More than likely no one would pay you $200 for that junk anyway.

Some people just toss that trash, and if he or she ever asked about it, people might say, "What stuff? I haven't seen any of your stuff. You took it all with you when you left as far as I know."

I guess those people like to keep life simple.

Now you know why you don't rent rooms in your home.
Most people who rent rooms are deadbeats like the one you met.

 

[adjusterjack]

Agree with Army Judge.

Your roommate was your tenant. His property and the damage he caused are mutually exclusive.

You MUST return his property to him or follow the tenant abandoned property law (Texas statute 24.0061). A writ of possession must order the executing officer to post a written warning that the property subject to it, if not removed, will be placed at a nearby location that does not block a public sidewalk, passageway, or street.The executing officer or a bonded warehouseman may remove and store the property at no cost to himself or the landlord. The landlord is not required to store the property.

Your remedy for the damage you paid for is to sue him for indemnification.

You cannot hold his property hostage.

I suggest you figure out a way to get his property back to him.

As for the money you paid for repairs, suing a deadbeat is probably a fools errand so chalk it up to tuition for a life lesson from the school of hard knocks - no more roommates.