If you suspect that a tenant has disappeared and has no intention of returning to a rental property, there are appropriate steps you need to take. Complying with state and local laws will enable you to start renting the property again as soon as possible.
Tenants usually abandon a property because they are behind on rent, are facing an eviction, or they don’t want to go through the legalities of breaking a lease.
The lease agreement
A lease agreement should always include language that defines what steps a landlord will take to establish abandonment. It is important to make sure state and local laws are met when specifying these steps.
Screening tenants gives landlords the best chance of avoiding property abandonment altogether. Affordable Property Management in California has provided full property service management for more than 30 years to help owners rent out their properties throughout most Northern Californian cities. With less than one percent tenant evictions and over 10,000 tenancies, their screening methods can help clients find the ideal tenants.
However, it isn’t always possible to avoid property abandonment and this is why including steps to take on abandonment in the lease agreement is important.
Establish abandonment
What do you do if your tenant appears to have abandoned the property? You can’t simply assume that your tenant has no intention of returning. If you just go ahead and terminate utilities or lock the tenant out of the property, you could be sued by the tenant and punished by the court.
Before you conclude the property has been abandoned, you need to consider several factors. Unusual circumstances, such as a hospital stay or even a prison sentence, could make it seem as if a tenant has abandoned a property. In such cases, tenants are still legally in possession of the property as long as they haven’t broken the lease terms.
Most states allow you to reasonably assume abandonment if you have evidence of overdue rent, empty refrigerators and closets, canceled utilities, and neighbors have seen the tenant moving out.
Notify the tenant
To terminate a lease, you usually have to officially notify the tenant. For instance, in California, if you believe a tenant has abandoned the property and has no intention of returning, you have to send an official notice to the tenant at his or her last known address. The tenant has 15 days to respond before the lease is officially terminated. When the lease is terminated, any unpaid rent and fees are still due.
Can a landlord evict a missing tenant?
One factor a landlord must satisfy to establish abandonment is that the tenant is behind on rent. Serving tenants with a Pay Rent or Quit Notice usually gives them three to five days to pay up or move out. If the tenant does not pay up or move out within the required time period, you can go ahead with a legal eviction.
Unfortunately, when tenants abandon the property, they do not receive the notice and this can delay the eviction process. This is why some landlords try to establish abandonment to terminate a lease.
What to do with abandoned tenant property
If your tenants have left personal property behind, there are state laws you need to check about how to deal with it. Typically you will have to itemize it, store it, and notify the tenant about the itemized property and where you have stored it. If you fail to hear from the tenant within the required time frame, you may be able to sell the items to pay for the storage.