When a tenant breaks their lease agreement by abandoning their rental, it’s still up to the landlord to act rationally and follow the proper procedures.
Mail starts piling up, rent stops coming in, and no one seems to be answering your phone calls. In many ways, a tenant abandoning their unit can be a landlord’s worst nightmare. You’re suddenly saddled with the responsibility of cleaning the unit, dealing with left-behind property, and finding a new tenant, all while determining if the previous tenant actually deserted the home. Even though you’re frustrated and angry, you must act rationally and take the proper steps to protect yourself legally. If you think a tenant’s gone AWOL, let’s review what to do when a tenant abandons your property.
Make Sure the Unit Is Abandoned
Before you take any action, you must determine if the property is actually abandoned. A tenant may be out of town, hard to reach, or trying to avoid you to skip out on rent, but this doesn’t necessarily mean that the property is truly abandoned. If a tenant is still paying rent and their lease isn’t over, you can’t consider the property abandoned.
Each state has a different process to determine abandonment. For example, Florida allows landlords to presume abandonment if the tenant is absent for 15 consecutive days without notification. Other states require a certain amount of overdue rent. Regardless of how long a tenant has been gone, only enter the property after speaking to a lawyer. You don’t want to accidentally violate a tenant’s right to privacy.
Notify the Tenant
Your next step is to send a belief of abandonment notice to the tenant, even if they aren’t responding to you. Send the notice to any address or contact they’ve given you to cover your bases. If they don’t respond within the time your state requires, then you have more solid ground for eviction. The same procedure applies if your tenant leaves any items behind–remember, you can’t just enter the property and start throwing things away. You must contact the tenant in any way that you can first.
Document Everything
To enter the property, you must first give the proper notice or obtain an order of possession. Once you’ve entered the property, document everything, including the state of the property and any items left behind. You should also record all attempts to contact the tenant and any overdue rent. The more evidence of abandonment you have, the easier it is to file an eviction notice and get any rent or repair money that you’re owed.
File an Eviction Notice
Once you’ve followed the steps above, you can file an eviction notice with the court. However, keep in mind that the eviction process is a lengthy and costly one. Even if you’re sure you’ll be able to evict them, it’s best to weigh how much you’ll get out of it with how much the legal fees cost. If you’re not going to make a profit, it may not be worth it, but that’s entirely up to you and what you’re comfortable with.
Ultimately, if a tenant abandons your property, you need to do everything you can to protect yourself and follow the correct procedures. If you’re unsure what your state’s laws are, consider contacting a real estate attorney to ensure you abide by the law.