abandonment of property : ezLandlordForms

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Bobby &

started a topic over 15 years ago

I have a property that has no water, power and a pool that is just sitting there, the tenants belongings are still at the home. what is the law of greenville sc? can we remove things and go in?

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Donna

said over 15 years ago

If the rent is not paid when due, the landlord may end the rental agreement and start eviction proceedings if the landlord has given 5 days written notice, and the rent is not paid within that time. However, the landlord only has to give written notice that the rent is past due one time during the lease term. If you feel that there is an abandonment issue: document everything and take pictures. Generally - if utilties are shut off and there is no food in the fridge-that is a good indication.

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Donna

said almost 13 years ago

The Tennessee Uniform Residential Landlord & Tenant Act provides a “safe harbor” for the landlord who is willing to wait for 30 days. The Act provides that the tenant’s unexplained absence from the premises for 30 days or more without payment of rent is prima facie evidence of abandonment. The landlord is then expressly authorized to enter the premises and remove and store the personal items of the tenant. If the tenant does not claim the personal items within an additional 30 days, the landlord is authorized to sell or dispose of the items and apply the proceeds of sale to the unpaid rent, storage fees, etc. Of course, it is unlikely that there will be a balance left over after the unpaid rent, storage fees, etc., are paid. However, if there is such a balance, the landlord is required to hold it for six months. Presumably, if the balance is not claimed by the tenant, the landlord is permitted to keep it. The Tennessee Uniform Landlord & Tenant Act provides one additional step the landlord may take to protect himself in the event of an unexplained absence by the tenant. The Act permits the landlord to include a provision in the rental agreement that requires the tenant to notify the landlord of any anticipated absence from the premises in excess of seven days. During any absence in excess of seven days, the landlord may enter the property at “times reasonably necessary”. Further, if the tenant willfully fails to give notice of absence, the landlord may recover any actual damages that may result, such as frozen pipes.

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Doug H

said almost 13 years ago

I'd check with an attorney, but my feeling is that this is not an unexplained absence because they left in compliance with an eviction letter. This may mean that the property is abandoned and that you may dispose of it as you see fit. Again, check with the legally people first. It should be just a quick phone call.

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Stephanie W

said almost 8 years ago

Also this property is in St Louis County, Missouri