Abandonment in your state (by Roy [AL]) Jan 22, 2022 8:04 AM|
Abandonment in your state (by WMH [NC]) Jan 22, 2022 9:02 AM
Abandonment in your state (by plenty [MO]) Jan 22, 2022 9:06 AM
Abandonment in your state (by Scott [IN]) Jan 22, 2022 9:35 AM
Abandonment in your state (by Gail K [GA]) Jan 22, 2022 9:48 AM
Abandonment in your state (by Dee Ann [WI]) Jan 22, 2022 9:50 AM
Abandonment in your state (by Mike SWMO [MO]) Jan 22, 2022 9:56 AM
Abandonment in your state (by Roy [AL]) Jan 22, 2022 10:21 AM
Abandonment in your state (by PG [SC]) Jan 22, 2022 10:30 AM
Abandonment in your state (by P. B. [MI]) Jan 22, 2022 10:45 AM
Abandonment in your state (by Roy [AL]) Jan 22, 2022 11:06 AM
Abandonment in your state (by Robert J [CA]) Jan 22, 2022 11:17 AM
Abandonment in your state (by dino [CA]) Jan 22, 2022 11:59 AM
Abandonment in your state (by Moshe [CA]) Jan 22, 2022 12:01 PM
Abandonment in your state (by dino [CA]) Jan 22, 2022 12:01 PM
Abandonment in your state (by Robert J [CA]) Jan 22, 2022 12:44 PM
Abandonment in your state (by Dee Ann [WI]) Jan 22, 2022 2:03 PM
Abandonment in your state (by T [IN]) Jan 22, 2022 2:59 PM
Abandonment in your state (by Roy [AL]) Jan 22, 2022 5:37 PM
Abandonment in your state (by DJ [VA]) Jan 22, 2022 8:57 PM
Abandonment in your state (by Roy [AL]) Jan 23, 2022 6:14 AM
Abandonment in your state (by gevans [SC]) Jan 23, 2022 7:19 AM
Abandonment in your state (by Steve [MA]) Jan 23, 2022 7:35 AM
Abandonment in your state (by MC [PA]) Jan 23, 2022 7:54 AM
Abandonment in your state (by Roy [AL]) Jan 23, 2022 8:08 AM
Abandonment in your state (by dino [CA]) Jan 23, 2022 1:31 PM
Abandonment in your state (by Roy [AL]) Jan 23, 2022 1:46 PM
Abandonment in your state (by Busy [WI]) Jan 23, 2022 5:30 PM
Abandonment in your state (by Busy [WI]) Jan 23, 2022 5:30 PM
Abandonment in your state (by Roy [AL]) Jan 23, 2022 5:45 PM
Abandonment in your state (by Ray-N-Pa [PA]) Jan 24, 2022 11:53 AM
Abandonment in your state (by Roy [AL]) Posted on: Jan 22, 2022 8:04 AM
Since I am dealing with an Abandonment now and AL laws are murky on this issue,...I am curious as to what rights your state laws give you if you suspect your tenant has abandoned your rental house.
First of all, you need to determine if the tenant has actually abandoned the rental house or is just away on vacation or maybe in the hospital sick with Covid.
In my situation, tenant did pay January rent and gave no notice of an intended move. Electricity and water service are still active but since tenant never contacted the Gas company for gas service (heat), this house has no heat. This house does have fully functional gas wall heaters but just no gas heat due to the tenant choosing to use their own electric space heaters. I saw no electric space heaters during my inspection which only means the tenant took them to wherever she is living now. Plus her constantly barking dog is no longer there and this was the first indication I had last Wednesday which made me wonder if she had moved. 99% of all tenants who skip out (abandon) do not leave their ESA dog behind.
On Monday, I will do a 2nd inspection, take inside photos, change the locks and will even make an attempt to call her emergency contacts listed on her application. I can re-rent this house by Feb. 1st if there are no complications in the meantime.
Does your state require you to do anything different than what I am doing here?
Abandonment in your state (by WMH [NC]) Posted on: Jan 22, 2022 9:02 AM
Depends on how much stuff is in there, I suppose. I think you have post a notice asking if the place is abandoned and give a way to contact you. I think you can change locks if you give them a way to contact you to get their stuff back.
I don't know for sure, I've never had it happen.
But in looking for info on another issue, I found NC lets a landlord file an affidavit in court regarding the death of a tenant and you can take back possession. Exact details are unknown like who gets the couch? --50.82.xxx.xxx
Abandonment in your state (by plenty [MO]) Posted on: Jan 22, 2022 9:06 AM
Post notice. Call utility company. Any food in refrigerator? Beds? Just dot your it's and cross your it's ... It will be obvious when it's abandon. Do everything to convince the judge. Judge "here is why I thought what I thought..." Evidence. --172.58.xxx.xxx
Abandonment in your state (by Scott [IN]) Posted on: Jan 22, 2022 9:35 AM
Indiana is also kinda vague about abandonment. We have the "reasonable person" test. IN law forbids any lease language that attempts to describe conditions that constitute abandonment.
As said above, gather as much evidence as you can. Document when they break off communication with you and maybe even take statements from the neighbors. They know when the moving trucks were there. --107.141.xx.xxx
Abandonment in your state (by Gail K [GA]) Posted on: Jan 22, 2022 9:48 AM
Georgia only states as long as the tenant continues to pay rent the place isn't abandoned.
In most of these abandonment cases the tenant hasn't paid rent (probably because they are saving up for their next place). Sometimes utilities are off (whether this is because the tenant has requested this or they've been shut off for nonpayment) and whatever is left behind is junk and trash.
I always ask myself "If I were a tenant could I live here in the current condition this place is in". If no, it's likely been abandoned. --73.108.xxx.xxx
Abandonment in your state (by Dee Ann [WI]) Posted on: Jan 22, 2022 9:50 AM
Personally, I would call emergency contacts and talk to neighbors, showing much concern for her welfare, document, document, document. --75.11.xx.xx
Abandonment in your state (by Mike SWMO [MO]) Posted on: Jan 22, 2022 9:56 AM
Tenant Name and All Others
It has come to my attention that you appear to have moved from the house that you rented from me, (address) and it appears that you have abandoned the property and you do not intend to return. You have not paid your rent for 30 consecutive days, the grass has grown up, the leaves are accumulating on the front walk/entry way, there is other junk and broken items in the side yard and there are several large (12 or more) plastic trash bags full of stuff in the front yard.
These events make me believe you have abandoned the property, but you have not returned the keys to me. Therefore, I am sending this letter in order that we may settle this matter. You have my phone number so feel free to give me a call if you desire. However, a phone call will not eliminate your need to send me written confirmation of your intentions.
Following information required per RSMO (Revised Statutes of Missouri:
The rent on this property, (address) has been due and unpaid for over thirty (30) consecutive days and the landlord has a reasonable belief that you have moved out and abandoned the property. (The tenant had died in the hospital). The landlord may declare this property abandoned and remove your possessions from this unit and dispose of them unless you write to the landlord stating that you have not abandoned this unit within ten days of the landlord having both posted this notice on your door and mailing this notice to you. You should mail your statement by regular first-class mail and, if you so choose, by certified mail, return receipt requested, to the following address
(Landlord's name and address)
Missouri Revised Statutes Chapter 441
Landlord and Tenant
Abandonment of rental premises, when, procedure.
441.065. Any property of a tenant remaining in or at the premises, after the tenant abandons the premises, may be removed or disposed of by the landlord without liability to the tenant for such removal or disposition. The premises shall be deemed abandoned if:
(1) The landlord has a reasonable belief that the tenant has vacated the premises and intends not to return; (note a semicolon used here)
(2) The rent is due and has been unpaid for thirty days; and (Note the word AND used here)
(3) The landlord posts written notice on the premises and mails to the last known address of the tenant by both first class mail and certified mail, return receipt requested, a notice of the landlord's belief of abandonment. The notice shall include the following, where appropriate:
"The rent on this property has been due and unpaid for thirty consecutive days and the landlord believes that you have moved out and abandoned the property. The landlord may declare this property abandoned and remove your possessions from this unit and dispose of them unless you write to the landlord stating that you have not abandoned this unit within ten days of the landlord having both posted this notice on your door and mailing this notice to you. You should mail your statement by regular first-class mail and, if you so choose, by certified mail, return receipt requested, to this address . . . . . . . . .. (Here insert landlord's name and street address)"; and (note the word AND used here).
(4) The tenant fails to either pay rent or respond in writing to the landlord's notice within ten days after both the date of the posting and deposit of such notice by either first class mail or certified mail, return receipt requested, stating the tenant's intention not to abandon the premises.
I looked up the use of semicolons and commas, the use of the word AND, then I posted a notice on the door. I got the front page of the newspaper, taped the notice to the newspaper and taped to front door.
This is for Missouri I don't know about your state.
Abandonment in your state (by Roy [AL]) Posted on: Jan 22, 2022 10:21 AM
Yesterday I posted my official Abandonment Notice which is the only document that I use Hot Pink Paper to print the notice on. This notice has my cell number printed in large bold type and it tells the tenant you got 48 hours to call me or anything you left behind will be removed. This notice, which I got from Brad20K, has itemized lists all of the evidence that I have which I would give to the judge if this ended up in court. There are no beds in the house, no heat and judging from the non-perishable food placed in boxes, this tenant has or is making an effort to move out. Of course, no rent have been paid for January.
On Monday, everything will get bagged up and placed in the shed even though I am not required by law to do this. I just need to get the house cleaned up and re-rented. --71.207.xxx.x
Abandonment in your state (by PG [SC]) Posted on: Jan 22, 2022 10:30 AM
SC Law that applies to Abandonment.
The unexplained absence of a tenant from a dwelling unit for a period of fifteen days after default in the payment of rent must be construed as abandonment of the dwelling unit.
AND If the tenant has voluntarily terminated the utilities and there is an unexplained absence of a tenant after default in payment of rent, abandonment is considered immediate and the fifteen day rule as described in (a) does not apply.
I am fortunate in my area that I can speak to the Local Authorities about - Murky laws. Such as a clear definition of "unexplained absence".
Abandonment in your state (by P. B. [MI]) Posted on: Jan 22, 2022 10:45 AM
You can send an empty letter to the tenant to the rental. Above her address write in bold type "Service address requested". If she no longer lives there and has changed her address the post office will send you a post card. You need to go to the post office and pay $1.00 and they will put her new address on the post card, showing her forwarding address.
At least that is what our post office does. I then keep it as evidence that she has moved. If the new address shown is not to far away you can go see her, if you choose.
We also need to place a 24 hour and an abandonment letter taped to the door and file abandonment paperwork with the Court. The document will be sent to the rental and I believe if 30 days pass and the tenant does not respond then the rental is again yours. --67.22.x.x
Abandonment in your state (by Roy [AL]) Posted on: Jan 22, 2022 11:06 AM
There is a reason I do not want to ask the neighbors about my tenant. Why? This is a Class D hood and if the neighbors knew the house was vacant, it is possible they would be tempted to find an unlocked door or window and come in and take whatever was left behind. Scavenging runs rampant in this neighborhood. The side by side refrigerator in this house is something they would drool over (even if it was broken) and they would make every effort to get it. In this neighborhood, it is not called 'stealing', it is called 'scavenging' which is no different than what vultures do. --71.207.xxx.x
Abandonment in your state (by Robert J [CA]) Posted on: Jan 22, 2022 11:17 AM
First you send your tenant a notice , "Notice of Belief of Abandonment", giving them a chance to respond. Then you check to see:
If they have their mail forwarded.
Turned off their utilities (Water, Gas, Power, Cable, Trash).
You read the utility meters and mark down their reading.
You post a 24 hour notice to enter for inspection.
Once you are curtain the tenant has left, you still try to contact them by:
(References on their application) Friends and Family.
Then you try to contact them at work.
If their items left behind are valued more than $300, you have to do a complete inventory of their stuff. If more than the $300, you have to keep and store everything for 21 days. Then you have to advertise in a local news paper at least once a week for 2 weeks. Then conduct an auction. You deduct any monies owed and turn the rest over to the State. If things don't sell, you can do with you please... --47.155.xx.xxx
Abandonment in your state (by dino [CA]) Posted on: Jan 22, 2022 11:59 AM
The cutoff dollar amount for valuation of abandoned property in Calif was changed years ago.
The important cutoff was moved up to $700.
If it's below that amount and you give the proper notice and wait the required time, then you don't need to hold auction. You can then trash it or give it away or keep it or whatever.
Abandonment in your state (by Moshe [CA]) Posted on: Jan 22, 2022 12:01 PM
Actually, following the law in CA is a little more complicated.
in summary, residential rental property in CA is deemed abandoned and the lease terminates if the lessor gives written notice of belief of abandonment and the lessee fails to give the lessor written notice in response stating that the lessee does not intend to abandon the real property and stating an address at which the lessee may be served by certified mail in any action for unlawful detainer of the real property.
The law requires that the rent on the property be due and unpaid for at least 14 consecutive days and the lessor reasonably believes that the lessee has abandoned the property.
Abandonment in your state (by dino [CA]) Posted on: Jan 22, 2022 12:01 PM
Also, in Calif, the rent must be unpaid for a certain number of days, I don't remember the time period right now, before you can go through the procedure of serving the notice of abandonment.
Abandonment in your state (by Robert J [CA]) Posted on: Jan 22, 2022 12:44 PM
Dino, I guess it was too early and I didn't have my coffee yet, not to remember abandoned property values went from $300 to $700 around 9 years ago.
Remember your valuation and your tenants aren't going to be the same. For a 10 year old broken HDTV that a tenant paid $2000 for new, they think that after spending $400 to get it fixed, the TV will be worth $250. But we know a broken TV in need of an expensive fix isn't worth anything, not even $50.
Abandonment in your state (by Dee Ann [WI]) Posted on: Jan 22, 2022 2:03 PM
We are more fortunate in WI. Once it is determined that the person has moved or abandoned the property we only need to hold medical devices, medicines 7 days. Then even they are able to be thrown away. Everything other than medical can be tossed.
We once had a tenant over a year later contact me to see if her "craft" paint brushes were somewhere in the basement! --75.11.xx.xx
Abandonment in your state (by T [IN]) Posted on: Jan 22, 2022 2:59 PM
Brad28k posted a letter/check list a few years back. If more than half were checked, abandonment could be declared. It was like: spoiled food, no utilities, key on countertop, neighbors not seeing you for more than 3 days, obvious that no one is sleeping there, no rent paid, etc.
I have posted that more than once. gave them 48 hours to call. Also did all forms of communications (email, text, call) at the same time. No replay in 48 hrs, go back in and take the property. I took pics with a time stamp on it. cleaned house, re rent. --76.77.xxx.xxx
Abandonment in your state (by Roy [AL]) Posted on: Jan 22, 2022 5:37 PM
I am getting some action now. I called my tenant's father and told him I am on the verge of evicting his daughter. I told him this can be avoided if the past due rent is paid now and your daughter agrees to move all of her junk out by January 31st. He said he would call his daughter and try to get my 2 demands taken care of ASAP. We will see.
Today I went inside the house again and took photos of the debris field. There is a lot of junk here. Probably 2-3 pick-up truck loads. --71.207.xxx.x
Abandonment in your state (by DJ [VA]) Posted on: Jan 22, 2022 8:57 PM
Hmmm... your first post said January rent is paid. Your ast post said there is back rent due. Which is it?
If Jan rent is paid & no notice was given that the tenant is leaving, why would you think she has? Maybe she's just traveling & took her dog with her?
If rent is paid through the end of January, you should not even be thinking about going & changing locks - you are not entitled to possession.
I don't get your concern. Is it that cold there in AL, that the pipes will freeze without heat? --68.229.xxx.xxx
Abandonment in your state (by Roy [AL]) Posted on: Jan 23, 2022 6:14 AM
January rent has NOT been paid. Last Wednesday (19th) is when I posted the 7-day P/Q notice for non-payment of January rent. --71.207.xxx.x
Abandonment in your state (by gevans [SC]) Posted on: Jan 23, 2022 7:19 AM
SC is fairly easy. Big screen and bed gone, abandoned. Code of Law says less than $500 worth of stuff left behind, but that's how they define it.
Utilities off, abandoned.
Easiest to spell this out in your lease. --69.80.xx.xx
Abandonment in your state (by Steve [MA]) Posted on: Jan 23, 2022 7:35 AM
MA does not have any specific laws regarding tenants abandoning a unit. Instead, we have to rely on common sense, local practices & the regular eviction process.
MA Landlords, a statewide LL group suggest that you do the following.
Sometimes tenants leave things behind. Sometimes these things look valuable. Sometimes they leave entire apartments behind. What can a landlord do with abandoned property? The key issue is whether you have documentation about their ending their residency. Even with a lease, you must be sure they do not intend to reside there. Without such documentation, you must follow the abandoned property process.
If You Have Documentation
Suppose they communicated that they were leaving, left you their keys, and sent you a final text saying they have left. In this case, you can dispose of remnants as trash and deduct from the security deposit for the out-of-pocket cost of disposal. Anything that looks valuable might be stored in a basement to be nice, in case they come back. Save all emails, screenshot all their texts, and organize all your evidence. If they come back to sue, you can remind them that they told you they were gone.
The Abandoned Property Process
Suppose they have disappeared without saying anything. There may or may not be keys left in the apartment. In this case, you have no proof that they are gone forever. Even if the apartment is mostly empty, you haven't heard them tell you they're gone. They might have spare keys. They might intend to return. You must follow the abandoned property process.
The abandoned property process is:
1.) Issue the disappeared tenant a notice to quit. Mail it to their rental address.
2.) Talk with other tenants, look for piled up mail, or smell for an odor. Any evidence that they have left should be documented before you enter.
3.) Enter the apartment. A constable is not required. If there is nothing left, the apartment is abandoned. If there is anything left at all, write another letter to their rental address:
"Based on the following observations I have determined that you have abandoned your apartment. If I have not heard from you in 7 days, I will assume it's abandoned."
4.) Take pictures of everything left behind, or if you aren't comfortable taking pictures, bring a constable back to document the apartment for you.
5.) Go to court following the normal eviction process to get an execution. This should go quickly because the tenant is not there to resist. Make sure you file all paperwork as soon as you can.
6.) With the execution, constable, and bonded moving company, move the remaining items into storage. Pay the movers per the law.
7.) The apartment is now yours.
If you have some communication indicating they were ending their tenancy, you might make do with just step 3. When in doubt, follow full the abandonment process. It will let you dispose of any items of any value and still be found faultless under MA law. --71.174.xx.xxx
Abandonment in your state (by MC [PA]) Posted on: Jan 23, 2022 7:54 AM
I can't really contribute as I don't know your state's laws. But I will say that you seem to be covering your butt. Winter-no heat-something needs to be done. No fridge food, no beds, no rent and no response after X days. Did you text/email the tenant? I like it in writing anything they say and my judges have accepting it. Even if you get no response, you tried and shows the effort. Remember to do the accounting and send to the last known address-yours-hold in the file unopened.. --73.230.xxx.xx
Abandonment in your state (by Roy [AL]) Posted on: Jan 23, 2022 8:08 AM
Under SC's rules, then my rental house meets those min. requirements. There is a refrigerator that is worth maybe $150.00 (comes with food too) and there is a push mower that maybe worth $75.00 (if it will crank). Most of the furniture in the house looks like it was bought at the Goodwill store for less than $20.00.
Today, I am changing the locks on the house. I have been exchanging texts with my tenant's father who lives in Africa and he has confirmed that his daughter has moved to another house in December because that is where he mailed his daughter's Christmas present (money) to. He even gave me his daughter's 'new address' which will come in handy if I decide to sue her for damages. --71.207.xxx.x
Abandonment in your state (by dino [CA]) Posted on: Jan 23, 2022 1:31 PM
Whenever I have had a situation where I had a bunch of stuff left behind, I take a lot of photos and notations of the broken, damaged, filthy, and excessively worn aspects of abandoned property. I also sometimes include some measurements. Obviously, I want to justify as best I can that the value is less than $700 to avoid hassle of public auction or fraudulent claim by tenant. I have always been able to feel comfortable that I would prevail if the issue came to court.
Nevertheless, it is time consuming so I wanted to ask you if you were aware of anybody in L.A. area that has some type of business where they would take a look at abandoned property and offer an inexpensive service to provide a valuation since such a valuation would be from an independent third party. That would be useful to support my side if the issue ever went to court. I am guessing maybe someone that does estate sales but typically the situations they deal with are when there is real significant value so they might not be interested just to pick up a small fee to appraise some abandoned property.
Abandonment in your state (by Roy [AL]) Posted on: Jan 23, 2022 1:46 PM
After several back and forth e-mails with the tenant's father
and 2 texts with the tenant, the tenant has agreed to pay January rent, have all junk removed on Monday and return the door keys to me. That is what I need from the tenant to prevent me from filing legal action against this chronic late paying deadbeat. --71.207.xxx.x
Abandonment in your state (by Busy [WI]) Posted on: Jan 23, 2022 5:30 PM
Whoot-whoot! Looking forward to reading they followed through on promises? --70.92.xxx.xxx
Abandonment in your state (by Busy [WI]) Posted on: Jan 23, 2022 5:30 PM
Exclamation mark, not questioning. ( doh!) --70.92.xxx.xxx
Abandonment in your state (by Roy [AL]) Posted on: Jan 23, 2022 5:45 PM
I will check the house on Monday around noon. I hope the debris field in each room and the refrigerator with a ton of food in it is gone. The father sent me a Text saying his daughter is over there cleaning the house right now. --71.207.xxx.x
Abandonment in your state (by Ray-N-Pa [PA]) Posted on: Jan 24, 2022 11:53 AM
Pa has act 129 that covers abandonment. It only covers though when keys are turned over or if an ejectment has been filed/completed. Many states don't have laws so you will have to convince the judge that your tenant isn't on vacation for a month.
How would I push them to that conclusion?
TP in the bathroom missing
food in frig gone
utilities no longer on
Neighbors say they left