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when is property legally vacant

My tenant has a non payment against him and has received 3 day notice. He is now moving out passed his grace period. He told LAPD officer ,who told me that he would out by Monday and leave keys with HOA president, when he is finished moving. If he moves 90% of his belongings from unit, is not sleeping there, leave scraps behind, he does not leave keys and is not communicating that he has vacated. When  can I claim unit back? Do I now have to get him served and go through legal proceeding to claim property back now, even if he leaves and does not communicate it.    Regards  Jason Edwards
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