Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
Abandonment (by Kay [AL]) Aug 28, 2009 12:28 PM
       Abandonment (by Mac [NC]) Aug 28, 2009 12:54 PM
       Abandonment (by SRM [IL]) Aug 28, 2009 1:43 PM
       Abandonment (by myob [GA]) Aug 28, 2009 1:44 PM
       Abandonment (by Kay [AL]) Aug 28, 2009 2:57 PM
       Abandonment (by reid [KS]) Aug 28, 2009 3:27 PM
       Abandonment (by Kay [AL]) Aug 28, 2009 3:31 PM
       Abandonment (by Reid [KS]) Aug 28, 2009 3:42 PM
       Abandonment (by Virden [OH]) Aug 28, 2009 5:42 PM
       Abandonment (by myob [GA]) Aug 29, 2009 5:43 AM
       Abandonment (by Reid [KS]) Aug 30, 2009 1:34 AM
       Abandonment (by reid [KS]) Aug 30, 2009 1:50 AM
       Abandonment (by Baman [AL]) Aug 30, 2009 9:03 AM

Abandonment (by Kay [AL]) Posted on: Aug 28, 2009 12:28 PM

State Specific Question About: ALABAMA (AL)

I have never had a tenant fo this before. She rented my apartment,has been late every month, but always paid until August. She didn't call and I couldn't reach her. Finally I did reach her and ask her about the rent which she kept saying she would pay. She hasn't been to the apartment in 2 weeks (according to the other tenants); the utilities have been turned off because of non-payment and the apartment is full of her belongings. I have given sufficient written notice to vacate but her belongings remain. Do I still have to go to the Sheriff and spend $238.



Abandonment (by Mac [NC]) Posted on: Aug 28, 2009 12:54 PM

Yes and no. If you are going to legally have her removed, off to the court house and pay the money.

If you can contact her, offer her $100 (or even up to the court filing fees) to get her stuff out in three days or something like that. It will come out a lot less expensive for you. --24.136.xxx.xx

Abandonment (by SRM [IL]) Posted on: Aug 28, 2009 1:43 PM

To avoid the court fees, I had them sign a hand written document I made on the spot. Basically said they agreed to by out by DATE and anything left in the premises after that date I could do whatever I wanted with it(garbage). --24.14.xxx.xxx

Abandonment (by myob [GA]) Posted on: Aug 28, 2009 1:44 PM

do it the right way-- here belongings that are worth 1000.oo now will be worth 10,000.00 when she sues the crap outta ya.

Please Please Please--- don't use what other tenants have said-- in fact keep them out of the loop.

Utilities are off -- no movement-- file but you should have filed ASAP -- but since you always allowed her to be late-- when were you suppose to file? Thats the problem with letting people be late.

As the saying goes eventually it will come back and bite you.



Abandonment (by Kay [AL]) Posted on: Aug 28, 2009 2:57 PM

Yes Don...you are right. I was way way too nice to her. I don't usually have to be so FIRM but this lady is extreme. I haven't had to evict anybody in 3 years.I'm going to get back into giving an eviction notice by the 6th day of the month if I don't get rent.Thanks for everyones advice. --24.197.xx.xxx

Abandonment (by reid [KS]) Posted on: Aug 28, 2009 3:27 PM

You'd better get into that apartment ASAP if the refrigerator is yours cause boy are you in for a surprise. --70.250.xxx.xxx

Abandonment (by Kay [AL]) Posted on: Aug 28, 2009 3:31 PM

Thanks, I did that at the beginning of the week. I didn't know the power was off until I went in and the smell threw me for a loop. I moved the frig to the back door while wearing my gas mask & gloves and washed it out wih a water hose. I toldher about it. --24.197.xx.xxx

Abandonment (by Reid [KS]) Posted on: Aug 28, 2009 3:42 PM

In the future you might want to consider an Abandonment clause . Mine reads as follows: Abandonment - if tenants leave premises unocuppied for 5 consecutive days while rent is due and unpaid without notifying landlord in writing , this shall be deemed an abandonment of premises and tenants hereby authorize landlord to take posession of premises and property . Tenants agree that landlord may without liability , enter premises and property take posession , dispose of any tenants property and re-rent premises without recourse by tenants. --70.250.xxx.xxx

Abandonment (by Virden [OH]) Posted on: Aug 28, 2009 5:42 PM

research your local laws on abandonment, if you can find when the utilities were stopped you might try retroactive starting time, go to court and at break time ask a bailiff or judge - you will face a 50/50 answer to your liking. --76.241.xxx.xx

Abandonment (by myob [GA]) Posted on: Aug 29, 2009 5:43 AM

Reid KS--- you can put anything in a lease you want to make it look good and intimidating to the tenant--- i don't believe your advice is sound. you just can't go in and take the property back without-- #1 court action or #2 tenant giving you permission-- that they have left the property-left the keys and are surrendering the property back to you. --74.184.xxx.xx

Abandonment (by Reid [KS]) Posted on: Aug 30, 2009 1:34 AM

It's come up here twice in district Court since I added it to the rental agreement in either 2002 or 2003 I prevailed each time . A local atty reviewed and helped write it for me . And well , so far so good . --70.250.xxx.xxx

Abandonment (by reid [KS]) Posted on: Aug 30, 2009 1:50 AM

As an Aside I just looked over my MTM agreement and Nothing in the agreement has been sucessfully challenged Since I quit using a lease and went to this MTM back in 1999. An I did that because the court would not hold the tenants to the term of the lease . If they up and moved out in the middle of the night had say six months left on lease I'd go to SCC and judge just would not do a thing . So on things like that I've lost and win on other things . I guess it all works out in the end . --70.250.xxx.xxx

Abandonment (by Baman [AL]) Posted on: Aug 30, 2009 9:03 AM


The Alabama legislature changed the LL/tenent laws about 2 years ago. You had better be very careful about entering the property without proper notice and moving anything in or out. Now this is the "catch 22" scenario. About 99% of the time the tenant will not care because they have abandoned it. But what about the one who knows how to scam a LL. All she has to do is claim their was a 10K diamond ring on that fridge and it is now gone. A proper eviction thru the court is the only way to protect yourself. The best way is to meet her personally somehow and get a release from her, signed and dated.


Subject: RE: Abandonment
Your Name:
Your State:

Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: