abandonment : ezLandlordForms

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Mike M

started a topic over 13 years ago

I have a tenant who hasn't been seen in 2 weeks. Has not contacted any relatives of where being. Can I assume the tenant has abandoned the property? What would be legal process in order to get property back and his things moved out.

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Denise S

said over 13 years ago

In some circumstances a landlord may consider a dwelling abandoned. Whether a dwelling has been abandoned is a difficult issue to detrmine. This is based upon the tenant's intent -- not on landlord's desires. If a tenant has paid the rent for the month, then a landlord cannot consider the premises to be abandoned even if the tenant never occupies the dwelling at all. Unless clear and concise signs are there, I would go through the courts for an eviction.

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Tom P

said over 13 years ago

Mike i believe you will have to wait 30 days for the property to be considered abandoned. You can take a look at this website http://www.rentlaw.com/eviction/tenneviction.htm. I believe it will help in answering your question.

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Stan M

said over 13 years ago

Mike, I read your question with interest. Has the tenant not paid their rent? Is tenant a "Tenant from Hell?"

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Donna

said over 12 years ago

I would get their plans of moving in writing and have them deliver the keys to you. Have them sign a receipt for the keys and keep a copy for yourself. You may want to note on the receipt that tenant is knowingly breaking the lease. Other than that you will have to go through court procedures. OR if you have every reason and proof to believe that they have left...apartment is empty.

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Carl W

said over 12 years ago

thanks the tennant has moved all but 1 old bed 3 boxes power off for non-payment, neibhors say they started moving out end of may. they have broken off all communications to retrive the few items left I would say that it has been abandoned

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Rock H

said over 12 years ago

You need to cover yourself and make attempts at contacting them. I have, in the past, served a Notice to pay or quit on the door, with photographs. Then, gone through the proceedings at the courthouse, knowing the tenant would not show. This was to protect me in case they came back. All the while I was getting it ready to turn around to minimize my down time. Whatever you do, just stay protected. Post an ad in the paper. EZLandlord has a great step-by-step process if you need to post an eviction notice.

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Jess S

said about 11 years ago

Michelle, I pulled this info via the site... FL Assist: The landlord must send a notice, to the place the tenant is expected to receive it, that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 10 days (15 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property. The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $500 will be kept, sold, or destroyed. After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds

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Jessica B

said over 10 years ago

Edward, I did a google search and found this for DE: If there is no appeal from a judgment granting summary possession, the landlord may immediately remove and store, at the tenant's expense, any and all items left on the premises by the tenant. Seven days after the appeal period has expired, the property shall be deemed abandoned and may be disposed of by the landlord without further notice or liability.

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Richard W

said over 7 years ago

30 days is the standard amount of time for a tenant to respond and claim any property left behind, however if notice is given 10 days is required and 15 days if notice is mailed.

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Jenny H

said over 7 years ago

So if the notice is mailed, they have 15 days to respond? After 15 days, what is the landlord allowed to do with the abandoned property?

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Derrick D

said over 7 years ago

The abandoned property depending on the state must be stored or can be be sold, trashed or kept after 30 days. This is usually the common amounts of time.

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Derrick D

said over 7 years ago

Figured I would post here too, in PA you must hold the property for 30 days, you can remove it but can store it for that amount of time. You must attempt to send notice or post it to the property. You may want to check with your local town as you may need to submit notice to the city as well, claiming the property has been abandoned.