When a Tenant Abandons Your Property
Friday, April 30th, 2010Has a tenant ever left your property without notice? When a tenant abandons a rental unit, how soon can you re-list the property and lease it to a new tenant? What are the landlord's rights? What are the tenant’s rights? Here are some answers to those questions and tips for handling tenant abandonment of property:
You should be aware of your state’s legal definition of abandonment, which varies widely among the states. Don’t change the locks or take possession of anything your tenant left behind until you’ve checked on this.
It’s okay to ask neighbors if they have seen any moving activity at the property, or if they’ve seen the tenant lately.
If you suspect or neighbors think the tenant has moved, it’s okay to enter the property. But do ring the doorbell and knock loudly—just in case your tenant is still inside. Neighbors can be mistaken, after all.
Once inside, you might discover other signs that the tenant has moved out—like no furniture! Or, you may see enough signs of life that you’re still not sure. You never know what’s going on in a tenant’s life—some people need to move fast, taking just their clothes. So, check the bedrooms and closets to see if there are any items left behind. Check the bathroom for signs of recent use. Open the refrigerator to see if there is any food inside—and how old it is.
Take photos of each room in case you need them for evidence. Keep notes of conversations with neighbors, too.
If it looks like your tenant has flown the coop, try contacting him or her. Some states require that you do so. It is a good idea to ask the tenant to sign a statement waiving their rights to possessing the unit.
If your tenant has left property behind, check your local and state laws before you dispose of it. Some states require an inventory to be mailed to the tenant, and a waiting period before disposal.
Follow your state’s guidelines for notification that you intend to repossess the rental property. Once you’ve passed the time limitation, you may proceed with preparing the unit for your next tenant.
The contents of this article are intended for general information purposes only, and should not be relied upon as a substitute for obtaining legal advice applicable to your situation.
