Your tenant has reached the end of their lease and it’s time for them to move out. Perhaps they have purchased a home or they’re moving to another state. Thankfully, they have provided a notice to vacate so you can plan accordingly. But what do you do if a tenant disappears during the middle of a lease and never returns? Can you remove the tenant’s items from the unit? How much time must pass before personal property is considered abandoned? Here’s what landlords can do to protect themselves in this tricky situation.
Determine If Tenants Truly Abandoned the Property
Before you make any decisions, you must determine if the tenant actually abandoned the property. Simply noticing that a tenant has been absent for a while isn’t enough evidence to prove the property has been abandoned. Extended vacation, a business trip, and being sick in the hospital are just a few reasons why a tenant might be absent for a while.
To determine if a tenant has left the property for good, look for signs and ask yourself these questions:
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Are they behind in payment or facing eviction? In multiple states, if rent is current, the property isn’t considered to be abandoned.
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Is there any significant furniture missing, such as a bed, a couch, or a wardrobe? Most people will take necessary items like these with them if they are moving.
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Did they leave any valuable items? If they left behind televisions or a lot of clothing, it’s likely the unit isn’t abandoned.
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Did they leave behind garbage or rotting food? It’s common for tenants rushing to vacate to leave behind garbage cans or rotting food. Most people will empty the garbage and clean out the refrigerator if they know they will be gone for a few weeks or months.
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Are the utilities turned off? You can determine this by calling the utility company.
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Did the tenant put in a change of address at the post office?
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Talk to the neighbors. Did they see the tenant move out? Did the tenant tell the neighbor they were moving out? If a neighbor says they saw the tenant move out or talked to them about it, you strengthen your case.
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Reach out to the tenant’s emergency contacts. Do they know about their absence or whereabouts? This will also help strengthen your case for tenant abandonment.
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Has the tenant responded to any form of communication? You should reach out to the tenant via email and mail. If they never respond, they could have abandoned the property.
Keep in mind that a combination of these factors should be present before determining a tenant has abandoned the property. If you aren’t absolutely certain the tenant has left, do not change the locks. If you change the locks on a tenant who hasn’t abandoned the property, you could face a wrongful lockout claim. Remember that a tenant could still be legally in possession of the unit as long as they haven’t violated the lease terms.
Document the Discovery Process
Proper, detailed documentation is key to reclaiming an abandoned rental property and protecting yourself as a landlord. You need to be able to provide evidence in court to justify your actions if you face a wrongful lockout claim. Here is what you should do to properly document:
- Take photos and videos of the abandoned property. Be sure to capture evidence like rotting food, lack of furniture, or abandoned pets that could indicate the tenant left.
- Keep copies of any written notices and emails you sent to the tenant. You can send the letters to the last known address of the tenant and their workplace to illustrate you attempted to communicate.
- Keep track of the names, times, and dates of emergency contacts and neighbors you spoke with. You should also write a summary of each conversation.
- Take photos and videos of any personal property that was left behind to prove its condition. If you need to remove items that were left, document the cost of removing and storing the items with receipts and/or invoices.
Know the Laws
Each state has different rules surrounding tenant abandonment, so it’s important to do your research before taking action, especially if the tenant abandoned personal property. Most states require landlords to store the tenant’s personal property in a safe place to prevent theft or damage for at least 30 days. In other states, you can simply change the locks and get rid of any items present. It’s wise to consult with a lawyer before you make any decisions so you can avoid litigation.
Deal with Abandoned Property
Depending on the state, when a tenant abandons personal property, landlords can sell, donate, or keep abandoned items. Although some states allow landlords to sell these items, there might be a dollar threshold preventing the landlord from having complete control. Again, always consult with a lawyer before making decisions and taking any action.
Similar to documenting the discovery process, you should also keep a record of removing any personal items. Before removing the items from the unit, create a list of each item left behind. Take photos and videos to prove the condition of each item. Send a written notice to the tenant detailing where you plan to store their items and a designated time frame for them to pick up the items. Get a witness to watch the removal of the items from the abandoned rental property into a storage unit as well.
Change the Locks
If you determine a tenant did in fact abandon the property and didn’t leave a key behind, change the locks as soon as possible. There are a variety of easy-to-use systems you can use to rekey locks.
As a rule of thumb when dealing with abandoned property, collect as much information and evidence as possible. Always remember to do your research on state laws and consult with a lawyer before making any decisions involving tenant abandonment. There are steps you can take to be proactive and avoid these situations, like properly screening tenants. Apartments.com makes it easy to screen tenants, get the information you need, and find a qualified renter fast. Unlike our competitors, who use various third-party resources to collect information, we partner with TransUnion to provide you with screening reports for evictions, credit, and criminal history. You can also include a clause in your lease noting what will happen if items are left behind. Many landlords charge a removal fee or withhold a portion of the security deposit. No landlord wants to discover that a tenant has vanished with unpaid rent. Similarly, no tenant wants to come home from a two-month vacation only to discover they have been locked out of their apartment, so always document and consult appropriately.
