Tenant broke lease but no response after that : ezLandlordForms

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Jay P

started a topic over 6 years ago

Hello Experts, My tenant broke the lease since she was past on due on rent not able to afford. She sent me an email saying that she will vacate end of the month and allowed me to market the property and schedule showings. She and her fiance (not on the lease) but convinced me that they will pay past due and current month by mid July. The problem is after she gave me notice on Jun 29th, I was unable to reach for any communication. Her Fiancee moved all her furniture but some things left all over the place. He promised that he will move rest of the stuff and schedule cleaners but they never showed up. Not answering ph calls/text/or emails. They left the house unlocked and left spare key in for me. She left her car parked in front of the house and not moving. Experts I'm getting lot of demand for future rent and not sure what should I do to get her out and lease it new tenant. Appreciate your help

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Scott H

said over 6 years ago

Well it depends on if she "left" a spare key for you or if she returned her key. If she returned her key then she gave you back possession. She also gave you written notice that you'd have the house back at the end of the month. The safest way is to go through the court system and evict her this way you can sue for damages back rent, clean up costs. Or you could go with she gave you notice she was moving out and returned her key giving you back possession and the property she left behind was abandoned. I still wouldn't throw her stuff away, I'd document it pictures of how it was left and store it for a couple of months giving her the opportunity to collect it . If the car as on a public street not sure what you can do about it until the registration expires, then report it and the city should tow it away

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Jay P

said over 6 years ago

Thanks a lot Scott for your valuable suggestion. She stopped communicating with me right after she gave notice but her fiancee was in constant touch with me but he wasn't in the lease. He called and said the key was in the kitchen as he moved her furniture out. She disconnected all utilities to the house right before the lease end notice. The biggest question I have is how to confirm if the property is my possession or not, based on the key handover. Can I lease it to new tenants or evict her legally and then rent it out. Her lease expires on Oct 15. Since she is not responding and no ones know where she is, how does she attend court when eviction process start. I texted her to talk about negotiating outstanding balance even rent forgiveness upon move out but no response from her.

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Scott H

said over 6 years ago

The disconnecting the utilities is further prof that she has moved out. I think a reasonable person would agree and/or come to the conclusion that between the email notification, furniture move-out, return of key, disconnection of utilities. That she has returned possession/ abandoned the property. As far as serving her for court you generally send it to the property, it was her responsibility to forward her mail. As long as you show that you sent the notices the judge should just consider her a no show.

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Scott H

said over 6 years ago

The disconnecting the utilities is further prof that she has moved out. I think a reasonable person would agree and/or come to the conclusion that between the email notification, furniture move-out, return of key, disconnection of utilities. That she has returned possession/ abandoned the property. As far as serving her for court you generally send it to the property, it was her responsibility to forward her mail. As long as you show that you sent the notices the judge should just consider her a no show.

J

Jay P

said over 6 years ago

Thanks a lot Scott for your valuable suggestion. She stopped communicating with me right after she gave notice but her fiancee was in constant touch with me but he wasn't in the lease. He called and said the key was in the kitchen as he moved her furniture out. She disconnected all utilities to the house right before the lease end notice. The biggest question I have is how to confirm if the property is my possession or not, based on the key handover. Can I lease it to new tenants or evict her legally and then rent it out. Her lease expires on Oct 15. Since she is not responding and no ones know where she is, how does she attend court when eviction process start. I texted her to talk about negotiating outstanding balance even rent forgiveness upon move out but no response from her.

J

Jay P

said over 6 years ago

Thanks again Scott!