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Owners
A responsible tenant will notify his landlord if he decides to move out of his rental home. However, there are times when you get a tenant that abandons the property without giving you a notice to leave or intent to return.
This situation can be problematic for rental property owners as they cannot simply fill the vacancy because there are certain procedures to follow. Landlords and property managers must know how to handle when a tenant abandons the rental home.
Tenant Abandonment: Defined
Landlords and property managers should know the definition and nature of tenant abandonment. The term refers to a situation when a person renting a property leaves the said rental home without notifying the landlord.
The absence of the tenant in the rental property can go for an indefinite period with no communication or intent to return. Tenant abandonment also means neglecting lease obligations, such as maintenance of the rental property and paying rent.
A competent landlord or property manager should know the signs of tenant abandonment. Here is a list of indications when a tenant abandons a rental property.
- Vacant Rental Unit. When there is no one in the rental property for an extended period without notifying you of his leave or when he will return, it probably means your tenant already abandons the property.
- Non-Payment of Rent. It is a sign that a tenant is abandoning the rental unit if he stops making rent payments without giving you any reason.
- Signs of Distress or Unusual Behavior. It is not a good sign when a tenant is having financial distress or showing unusual behavior. This situation may be the cause of his abandoning the rental property.
- Mail and Packages are Accumulating. If the tenant does not collect the accumulated mail or packages intended for him, it is probably a sign of his abandonment of the rental unit.
- Bad Property Condition. It is an indication of tenant abandonment when there is neglect in the upkeep of the rental property. If you see any damage, messiness, and uncleanliness in the rental unit, the tenant has probably left the property without your knowledge.
- Complaints from other Tenants or Neighbors. Other tenants or neighbors may express concern about the tenant’s absence in the rental property.
Temporary Absence vs. Tenant Abandonment
You need to distinguish temporary absence from tenant abandonment. Sometimes, a tenant leaves the rental property temporarily for valid reasons, even without the need to notify you. As a landlord or property manager, make an assessment of the circumstances to determine if it is tenant abandonment.
The most reasonable thing you can do is read the lease agreement and check the number of days a tenant can let the property vacant. If the tenant is already absent beyond the limited vacancy time, take necessary actions.
Then, contact the tenant and ask about his reason for leaving the property without notice. If the tenant does not respond to your communication attempt in this situation, you can consider it tenant abandonment.
Learn the Legalities Relating to Tenant Abandonment
Check your lease agreement and consult a lawyer to help you understand landlord-tenant laws. Remember that you should also consider the rights of your tenant before you determine tenant abandonment. Caution is necessary, and your attorney should assist you with the legalities and procedures in this case.
Steps to Reclaim Property After Tenant Abandonment
Keep these steps in mind when reclaiming the rental unit after your tenant abandons it. Always take necessary actions the legal way.
- Confirm Tenant Abandonment. We previously covered the signs of tenant abandonment like non-payment of rent. What you need to do now is to document everything that confirms the tenant has abandoned the property.
- Notify the Tenant. Contact or give a written notice to your tenant regarding his absence. State a date when he can reclaim the rental unit. If he fails to respond to the letter, it is an indication of abandonment.
- Reclaim the Property. After the expiration period of the notice, consider changing the locks on the rental unit to prevent unauthorized access. Make sure you follow local laws concerning this matter. You should also properly handle and dispose of abandoned items of the tenant if there are any.
- Assess Property Damages and Unpaid Rent. Check any damages on the rental unit caused by the tenant and take photos and videos of them. Also, add up any unpaid rent or other monetary amount the tenant owes you.
Endnote
A landlord or property manager must know how to handle tenant abandonment. Be sure to know the guidelines and legal procedures to avoid infringing on the rights of your tenant. Determine first whether it is indeed a tenant abandonment before you take the necessary actions. Also, do not forget to give a written notice to your tenant.
