Landlord Rights After Tenant Abandonment
If a landlord has reason to believe that a tenant has abandoned a property, the landlord can take steps (which differ from state-to-state) to reclaim the dwelling.
-
Tenant Abandonment
-
Most states have very specific rules and procedures that must be followed if a landlord is to reclaim (and re-rent) a dwelling that she believes has been abandoned. A landlord must be able to document why she believes the home has been abandoned (i.e. rent has not been paid, utilities cut off, mail not collected, spoiled food in refrigerator).
Tenant Notification
-
Many states require a landlord to wait a certain period of time after rent is overdue before assuming that a dwelling has been abandoned. The landlord can then serve the tenant with notice that he intends to reclaim the dwelling unless the tenant indicates that they have not abandoned the property.
-
Back Rent
-
Even if a tenant is no longer living in a dwelling, she is still liable for paying rent throughout the duration of the lease. Landlords can sue a tenant for this rent.
Lost Property
-
In some states valuable property that is left behind by a tenant is considered "lost" and must be turned in to the police department. If the property remains unclaimed after a specific time period, the landlord may have the right to claim it for herself.
Abandoned Property
-
Most states require that landlords store abandoned property and notify former tenants of its location. After a period of time (set by state law), however, the landlord usually has the right to sell the property and deduct his expenses before turning the rest of the money over to the state treasurer.
-
References
- Photo Credit abandoned house 3 image by JCVStock from Fotolia.com