You’ve probably reviewed the rules and regulations regarding evicting a tenant but do you know the rules for handling the situation when a tenant abandons the unit?
Hopefully you never have to go through this scenario but it’s always better to be prepared than not. Tenant abandonment is a hassle because instead of counting on 12 months of rent and having enough notice to line up the next tenant, you now have an empty, non-paying unit and have to scurry to find another tenant. This is simply one more reason why screening your tenants prior to signing the rental agreement is so vitally important.
First, check with your attorney about your specific state and local ordinances regarding abandoning a rented residence. Just because you don’t see your tenant for a few days doesn’t mean the unit has been abandoned. He could be working the graveyard shift or there might be an extenuating circumstance preceding the alleged abandonment, such as a hospitalization, incarceration, vacation or a death in the family.
Second, try contacting your tenant using all the contact numbers you have available. Try the home, work and cell numbers as well as any family members who are listed on the rental agreement.
Third, if you suspect the tenant will not return your call, post a 24-hour notice to enter and go in with the key.
Check the refrigerator, garbage and cabinets for personal items and signs of people still living in the unit. Take dated photos to document the visit. If the utilities are still in service, it’s possible the tenant is expecting to return.
Fourth, if a tenant leaves during the eviction process, let the process run its course, estimate the cost of the leftover articles and offer the tenant the opportunity to pick up the articles. Of course, stay in sight when they come to claim their belongings to avoid damage to the unit or any other misunderstandings.
After you have gone through this process and have the unit officially declared abandoned, selling the forgotten items is one way to offset the amount of rent owed. Always remember to change all the locks and keys to the unit to avoid any attempt at reclaiming the property.
Have you ever had this experience? How long was the process? What are some other tips for avoiding situations like this? Leave your comments below!
