Landlord Rights if a Tenant Leaves the State
If a tenant leaves the state and abandons his rental property, the landlord has several options regarding what to do the with the rental unit. Each state across the country has different laws that define the rights of a landlord when it comes to tenant abandonment. These include different waiting periods and what must be done with remaining tenant property.
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If Rent is Current
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In the majority of cases, if a tenant leaves a property without giving his landlord written notice but is still paying his rent on time, he is technically still in possession of the rental property. As long as the tenant remains in possession of the property it is illegal for the landlord to bar the tenant's entry to the property by changing the door or window locks. It is also illegal for the landlord to enter the property and seize his tenant's possessions while the tenant is paying his rent on time.
Repossession of Property
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In most states, if a tenant abandons the rental property without written notice to her landlord and without continuing to pay rent, the landlord may take possession of the property without a court order. However, the amount of time it takes for the rent to be considered delinquent varies by state. For example, a landlord in Utah is required to wait 15 days past the rent payment due date before taking possession of the property, according to the Utah State Courts website. There must also be evidence that the tenant abandoned the property, such as belongings of furniture that have been left behind.
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Tenant Personal Property
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When a landlord takes possession of an abandoned rental unit, certain requirements exist for what the landlord must do with any remaining possessions of the tenant; these requirements vary by state. For example, a landlord in Washington state is required to store any remaining tenant property in a reasonably safe location, and to make a good faith effort to contact the tenant regarding his remaining property. If the tenant does not respond to requests to claim the property and the value of the property is over $50, the landlord may sell it. A notice of sale is required to be mailed to the tenant's last known address. Any keepsakes or personal family items may not be sold for 45 days after the notice of sale is mailed.
Pursuit of Rent
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A landlord may pursue a tenant legally for rent money owed in accordance with the lease document. The landlord is required to file a civil suit against the tenant in a district court where the rental property is located, and the court will make every effort to contact the tenant regarding the suit. Additionally, the landlord may only pursue the tenant for the balance of the lease agreement, and is required to make efforts to re-rent the property.
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