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By Karen Bellas [ 26/07/2008 ] Publishing Free Articles Zone articles is subject to our Publisher's Terms Of Service |
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Landlords Should Know When Tenants Abandon Their Investment Property
Determining whether or not a lessee has truly abandoned your rental property can be a difficult undertaking for a landlord. However, there are a few telltale signs to look for that may help you verify the fact. If you happen to notice your lessee has been away for awhile and yet kept paying rent despite their absence, you can probably deduce that the home has not been abandoned. However, if a lessee has been missing for six or more weeks and has not paid rent in a timely manner, the landlord may want to investigate the likelihood of abandonment. Other factors that could denote abandonment include neighbors who have let you know that they have watched your lessee moving their belongings out of the apartment or home, and/or a change of address filed at the local post office for your lessee.
For more confirmation of rental property abandonment, landlords who have not been able to reestablish contact with their renters probably need to inspect the properties themselves. When you visit the rental unit, make sure to knock before entering. When you receive no answer, you may turn the key and start your search. The first sign that will point to an abandoned property is no furniture; but, on the other hand, a presence of furniture does not decisively mean your lessee is still staying there. Some abandoning tenants may leave a number of belongings behind, especially if they are in a rush to decamp. In further review of the property, check the water and electric. Disconnected utilities are another feasible sign of abandonment.
While all these factors may denote an abandoned rental property, landlords need to understand their local rental codes before taking steps to reclaim the property. Some states have particular laws and procedures for determining the abandonment of a rental unit. It is in a landlord's best interest to pay attention to these laws to avoid any legal disputes in the future.
A landlord must follow the law to repossess an abandoned leased property
Once a landlord has positively concluded that rental property abandonment has happened, they may begin taking steps to repossess the property. If a tenant has left behind some belongings, the landlord should store those items safely and try to notify their tenant that they have done so. Once again you need to ensure you comprehend what your local rental laws say about disposing of abandoned tenant belongings. Typically, landlords may notify their tenant that they have 30 days to recover their personal things, and, if the belongings are not claimed, the landlord may get rid of them. If you are having problems notifying your tenant, try sending a note to their office address or the address of an emergency contact.
If a lessee legally abandons a rental property, the landlord may be able to just change the locks and start renting to another tenant. You may also decide to take legal action against the tenant. Whether you decide to take legal action or not, it is very likely prudent to consult with an attorney experienced in landlord-tenant disputes to be sure you have the required records and that you are observing the correct procedures for reclaiming the property. If the tenant reappears and swears that you are in the wrong for locking them out, you'll want proper records to verify you were following the law.
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