Tenants are the lifeblood of the landlording business and proper tenant screening usually goes a long way towards avoiding most tenant problems. Notice I said most, not all. No matter what you do, tenants are going to cause you problems some of the time. One of those problems is tenant abandonment.
What is tenant abandonment? Its when your tenant voluntarily leaves your property, without telling you, with no intent to return or fulfill the terms of the lease. Your tenant just up and goes, often in the middle of the night and often leaving a pile of stuff behind.
Why do tenants abandon their homes? There are many reasons for abandonment and most of them are reasons that neither you nor your screening process could have seen coming. They may have lost their job and are too embarrassed to face you. They may have broken up with their girlfriend and become depressed. They may have fallen off the wagon and gone on a bender. Whatever the reason, you are faced with a vacant unit, lost rent, a mess to clean up and you need to get the cash flowing again.
What are the steps a smarter landlord should take?
There are many, too many for just one post actually. So the next few posts will deal with tenant abandonment. How you as the landlord should determine if your tenant has actually abandoned you. What the legal steps are that you must take once a tenant has abandoned you. And finally, some things you can do to prevent abandonment from happening to you.
How do you determine if your tenant has abandoned you?
First, landlords need to understand that tenant abandonment is a legal issue. This is because your tenant technically still has legal possession of the property. Thus, there is a legal process that all landlords have to follow to stay out of hot water. I’m in Tennessee so I’ll be speaking with regard to the rules in my state. Your state may be similar, but it may not. So use this post as a general guide and then seek competent legal advice.
Second, you have to verify and document that your tenant has truly abandoned the property. In other words, make sure they did not just leave in a hurry to go take care of their ailing mother in another state for an extended period of time. This process may take a little time and investigation. Begin to keep a written file of everything you suspect. Document everything! It could prove extremely helpful later on.
How do you verify that your tenant is truly gone? It can be harder than you think and you have to be somewhat of a detective to add up the clues. This is because some people are (or can become) unkempt, unorganized and perhaps having a rough go. While conditions can point towards abandonment, they may not completely confirm it. You have to build your case by putting the clues together to legally protect yourself.
What are the clues to tenant abandonment?
One obvious clue is unpaid rent. If the first of the month comes and an otherwise timely tenant is late, that is a good sign. Another clue is the inability to contact them. If they do not respond to your calls, texts and e-mails, they may be gone. The utility connection is a major clue. If the utilities have been turned off, or have been placed back in your name (either way you should be notified by the utility company), your tenant has likely left the building.
However, these clues alone do not prove abandonment. A bit more investigation is required. It is time for step three, to grab the keys and go to check out the property.
When you get to the property, look for more clues. An overflowing mailbox is a pretty good clue no one is there to check it. Piled up newspapers and packages are also part of the story. Look for the tenant’s vehicle. As part of your tenant screening and lease signing process you should have gotten the tenant’s vehicle information. Is the vehicle on the property? If the property is a multi-unit property, knock on some of the neighbor’s doors and inquire about the tenant. Even of your tenant sneaks out in the middle of the night, other tenant’s may have seen or heard them leave or perhaps can tell you that they have not seen them in a long time.
Finally, enter your tenant’s apartment
At this point, it is time to enter you tenant’s apartment. Do not have any reservations about doing this. You have tried to contact them and they have not responded. Every sign you look at is telling you there is something wrong. Hopefully they have just left, but what if they passed away inside? You have every right to check and make sure your property is secure. If you can, take a witness with you and better yet, take a video upon entering with your smart phone. Protect yourself legally. You do not have possession, document everything!
Upon entering it should be pretty obvious if your tenant has flown the coop. Is most of the furniture missing? If there is still furniture, are the valuable items such as the television gone? Are the clothes gone? Check the fridge. Is there any fresh food in it or is it all rotten? Is there any sign at all that someone has been coming or going?
If it definitely looks as if your suspicions have been confirmed and your tenant has abandoned you, leave everything alone for now. Make sure the property is secure and will remain so. Lock up and head back to the office. It is time to either file for eviction of begin the legal abandonment procedure. That tenant abandonment procedure is what I will discuss in my next post. Stay tuned.
