Tenant moved out without notice..has 11 months left on lease

Miami, Florida
General Landlording & Rental Properties
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Tenant moved out without notice..has 11 months left on lease

Mason Walker
Member since 2022 · 7 posts · 0 votes

Hi everyone, I just found out that one of my tenants has moved out without warning..or proper notice. He signed a two year lease and as of today has about 11 months left before it expires.

I thought it was strange when he didn’t show up to pay the rent on the 25th (rent is due on the 1st but he always pays early on the 25th) but we did have a small argument a few weeks ago so I figured he was just still upset and didn’t want to pay early this month. Argument was about the lease, by the way. He was trying to violate one of the terms and fighting with me on it. I wouldn’t budge and his attitude got nasty. He cussed me out so I told him I would not be renewing his lease when it expired. He stopped trying to argue the lease and I haven’t heard from him since.

I had to stop by the rentals yesterday to see if the lawn needed to be cut, and I noticed that his car and outdoor decor were gone. I spoke to one of the neighbors and she said that she saw him move out a couple weeks ago, uhaul and all. I cannot see inside the unit as the curtains are shut but the neighbor across the street and my tenant in the unit next to him insists he is gone. They were surprised I didn’t know. He didn’t leave the key and will not answer my phone calls. 

Where do I go from here? In my state I’m pretty sure he needed to give me a 60 day notice, but he just up and left with zero notice. Am I allowed to enter the unit tomorrow? He has paid rent up until today, May 31. Is he responsible for the rent until I find a new tenant since he broke the lease without proper notice? If anyone has gone through this before or knows how I should proceed, I would very much appreciate your input. Thank you!

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Quote from @Mason Walker:

Hi everyone, I just found out that one of my tenants has moved out without warning..or proper notice. He signed a two year lease and as of today has about 11 months left before it expires.

I thought it was strange when he didn’t show up to pay the rent on the 25th (rent is due on the 1st but he always pays early on the 25th) but we did have a small argument a few weeks ago so I figured he was just still upset and didn’t want to pay early this month. Argument was about the lease, by the way. He was trying to violate one of the terms and fighting with me on it. I wouldn’t budge and his attitude got nasty. He cussed me out so I told him I would not be renewing his lease when it expired. He stopped trying to argue the lease and I haven’t heard from him since.

I had to stop by the rentals yesterday to see if the lawn needed to be cut, and I noticed that his car and outdoor decor were gone. I spoke to one of the neighbors and she said that she saw him move out a couple weeks ago, uhaul and all. I cannot see inside the unit as the curtains are shut but the neighbor across the street and my tenant in the unit next to him insists he is gone. They were surprised I didn’t know. He didn’t leave the key and will not answer my phone calls. 

Where do I go from here? In my state I’m pretty sure he needed to give me a 60 day notice, but he just up and left with zero notice. Am I allowed to enter the unit tomorrow? He has paid rent up until today, May 31. Is he responsible for the rent until I find a new tenant since he broke the lease without proper notice? If anyone has gone through this before or knows how I should proceed, I would very much appreciate your input. Thank you!


Confirm he's gone. If he is, send him notice that the lease is terminated, he abandoned the property, he remains responsible for the terms of the agreement until a replacement tenant is found.

Clean, market, and rent the unit. 

Once you have a final bill to include cleaning, repairs, unpaid rent, etc., apply the deposit, send a list of charges and any unpaid balance, and include a demand for payment within 30 days.

He won't pay a dime, so you have to decide if you will go after him or just write it off.

In the future, stick with one year leases. 80% of longer leases will end up breaking the lease and leaving early, so there's no benefit to you. Tenants typically ask for longer leases to (a) get a discount, (b) entice you to skip some screening, or (c) pick them ahead of other qualified applicants. There's no reason to play that game. Charge market rate, rent for a year, renew them with an increase if they meet all your expectations.

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  • Malcomb StapelPro Member
    Investor · Topeka, KS · Member since 2020 · 669 posts · 488 votes
    4y

    @Mason Walker hopefully someone more local to you will chime in if they know the specific details in your city. I'm guessing your going to end up pocketing the security deposit and finding a new tenant. You had best get in there soon and see how he left the place. 

    1Reply
  • Matt M.
    Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes
    4y

    See what your lease says about abandoning the property. Once you can go in, fix up as needed and re-rent.  Just move on and be glad this turd is gone 

    1Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Post notice and go in.  If all of his stuff is gone, call the utilities and see if he closed those. If he has, then leave him a message that you see he's gone and you will be finding new tenants.

    Take photos.  He's responsible for rent until you get a new tenant, but you will never see the money. Get it rented ASAP and prorate the rent for the days it is vacant after June 1 and deduct that from his deposit.

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Mason Walker:

    Hi everyone, I just found out that one of my tenants has moved out without warning..or proper notice. He signed a two year lease and as of today has about 11 months left before it expires.

    I thought it was strange when he didn’t show up to pay the rent on the 25th (rent is due on the 1st but he always pays early on the 25th) but we did have a small argument a few weeks ago so I figured he was just still upset and didn’t want to pay early this month. Argument was about the lease, by the way. He was trying to violate one of the terms and fighting with me on it. I wouldn’t budge and his attitude got nasty. He cussed me out so I told him I would not be renewing his lease when it expired. He stopped trying to argue the lease and I haven’t heard from him since.

    I had to stop by the rentals yesterday to see if the lawn needed to be cut, and I noticed that his car and outdoor decor were gone. I spoke to one of the neighbors and she said that she saw him move out a couple weeks ago, uhaul and all. I cannot see inside the unit as the curtains are shut but the neighbor across the street and my tenant in the unit next to him insists he is gone. They were surprised I didn’t know. He didn’t leave the key and will not answer my phone calls. 

    Where do I go from here? In my state I’m pretty sure he needed to give me a 60 day notice, but he just up and left with zero notice. Am I allowed to enter the unit tomorrow? He has paid rent up until today, May 31. Is he responsible for the rent until I find a new tenant since he broke the lease without proper notice? If anyone has gone through this before or knows how I should proceed, I would very much appreciate your input. Thank you!


    Confirm he's gone. If he is, send him notice that the lease is terminated, he abandoned the property, he remains responsible for the terms of the agreement until a replacement tenant is found.

    Clean, market, and rent the unit. 

    Once you have a final bill to include cleaning, repairs, unpaid rent, etc., apply the deposit, send a list of charges and any unpaid balance, and include a demand for payment within 30 days.

    He won't pay a dime, so you have to decide if you will go after him or just write it off.

    In the future, stick with one year leases. 80% of longer leases will end up breaking the lease and leaving early, so there's no benefit to you. Tenants typically ask for longer leases to (a) get a discount, (b) entice you to skip some screening, or (c) pick them ahead of other qualified applicants. There's no reason to play that game. Charge market rate, rent for a year, renew them with an increase if they meet all your expectations.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    6Reply
  • Michael Deering
    Rental Property Investor · Lehigh Valley, PA · Member since 2017 · 200 posts · 191 votes
    4y

    Send a notice to enter.  Call utilities to see if he turned them off.  If you see the place is empty and utilities have been turned off then send a notice of abandonment.  Also send a 10 day notice to quit for nonpayment.

    Keep the deposit and move on. 

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    4y

    @Mason Walker  as people have said notice to enter and move on.  I guess it wasn't a little fight in his mind. This illustrates why the 2 year lease doesn't help you. If you had a one year lease you would likely be expecting and planning a possible turnover now.   When he came over to ask you to change the terms of that lease he had already decided if you didn't he was leaving.  In most states you send the notice to the current property if you they don't give him a forwarding address and do not forget to change the locks ASAP if he is gone. 

    0Reply
  • Mason Walker
    OP
    Member since 2022 · 7 posts · 0 votes
    4y
    Quote from @Malcomb Stapel:

    @Mason Walker hopefully someone more local to you will chime in if they know the specific details in your city. I'm guessing your going to end up pocketing the security deposit and finding a new tenant. You had best get in there soon and see how he left the place. 


     Hello, many thanks for your advice. He ended up texting me on June 1 saying he I had moved out and the keys are in the mailbox. I’ve spent the last 4 days fixing the place up and deep cleaning it. There was only a little damage, but I now have another dilemma. He left a tv and sofa in one of the bedrooms, and a microwave in the kitchen. He didn’t mention this in the text and has not reached out since regarding the items he left behind. He also made no mention of his security deposit.
    Do you know if he lost it due to not breaking the lease properly? I have spent hours reading up on my states laws and searching similar cases online but I still haven’t found a concrete answer. Some say the security deposit has been forfeited due to technically abandoning the place and some say I would still have to return what’s left to him.

    Also, what about June’s rent? Do I deduct that from the security deposit or bill him separately for that? He gave me no forwarding address. On a side note, I listed the rental this morning and have already received many emails, calls, and 4 applications. I guess I am renting too below market! I’m starting to regret not listing it for more money, I didn’t know the market was so hot and high right now.

    0Reply
  • Mason Walker
    OP
    Member since 2022 · 7 posts · 0 votes
    4y
    Quote from @Colleen F.:

    @Mason Walker  as people have said notice to enter and move on.  I guess it wasn't a little fight in his mind. This illustrates why the 2 year lease doesn't help you. If you had a one year lease you would likely be expecting and planning a possible turnover now.   When he came over to ask you to change the terms of that lease he had already decided if you didn't he was leaving.  In most states you send the notice to the current property if you they don't give him a forwarding address and do not forget to change the locks ASAP if he is gone. 

    Hi, thank you for your input. He has been my tenant for 6 years but requested a 2 year lease last year. He’s been fine mostly but I’ve noticed the last couple years he’s been quite demanding and a bit snobbish. Only reason I agreed to a 2 year lease is because he has always paid on time. But in the future I will not do that again! 

    He texted me on the 1st saying he has moved out and they keys are in the mailbox. Place just needed to be cleaned and a few minor repairs. Do you know if I still need to return his security deposit? Also, he left some expensive items behind, but didn’t mention coming back to get them. He didn’t answer my text regarding the items. What if he texts me next month demanding them back?Because he abandoned the property, are the items considered abandoned as well? 
    0Reply
  • Mason Walker
    OP
    Member since 2022 · 7 posts · 0 votes
    4y
    Quote from @Michael Deering:

    Send a notice to enter.  Call utilities to see if he turned them off.  If you see the place is empty and utilities have been turned off then send a notice of abandonment.  Also send a 10 day notice to quit for nonpayment.

    Keep the deposit and move on. 

    Hello. Thank you for your advice. He ended up texting me on the 1st saying he has moved out and told me where he left the keys. Utilities were off when I entered. He left a tv, sofa, & microwave. They look brand new. He didn’t mention these items in his text and I have asked him if he is coming to pick them up but is he allowed to do that? He hasn’t answered me and it’s been 3 days. Since the items are new I am thinking about leaving them there for the new tenant (s) if they want them. But am I allowed to do that?

    Also, can I still keep the deposit? He left without giving me any notice in the middle of a two year lease. Does that mean h loses his deposit? Im anticipating the place to stay vacant until June 15. Can I charge him for rent until then? Would that be deducted from the deposit or billed separately?
    0Reply
  • Mason Walker
    OP
    Member since 2022 · 7 posts · 0 votes
    4y
    Quote from @Nathan Gesner:
    Quote from @Mason Walker:

    Hi everyone, I just found out that one of my tenants has moved out without warning..or proper notice. He signed a two year lease and as of today has about 11 months left before it expires.

    I thought it was strange when he didn’t show up to pay the rent on the 25th (rent is due on the 1st but he always pays early on the 25th) but we did have a small argument a few weeks ago so I figured he was just still upset and didn’t want to pay early this month. Argument was about the lease, by the way. He was trying to violate one of the terms and fighting with me on it. I wouldn’t budge and his attitude got nasty. He cussed me out so I told him I would not be renewing his lease when it expired. He stopped trying to argue the lease and I haven’t heard from him since.

    I had to stop by the rentals yesterday to see if the lawn needed to be cut, and I noticed that his car and outdoor decor were gone. I spoke to one of the neighbors and she said that she saw him move out a couple weeks ago, uhaul and all. I cannot see inside the unit as the curtains are shut but the neighbor across the street and my tenant in the unit next to him insists he is gone. They were surprised I didn’t know. He didn’t leave the key and will not answer my phone calls. 

    Where do I go from here? In my state I’m pretty sure he needed to give me a 60 day notice, but he just up and left with zero notice. Am I allowed to enter the unit tomorrow? He has paid rent up until today, May 31. Is he responsible for the rent until I find a new tenant since he broke the lease without proper notice? If anyone has gone through this before or knows how I should proceed, I would very much appreciate your input. Thank you!


    Confirm he's gone. If he is, send him notice that the lease is terminated, he abandoned the property, he remains responsible for the terms of the agreement until a replacement tenant is found.

    Clean, market, and rent the unit. 

    Once you have a final bill to include cleaning, repairs, unpaid rent, etc., apply the deposit, send a list of charges and any unpaid balance, and include a demand for payment within 30 days.

    He won't pay a dime, so you have to decide if you will go after him or just write it off.

    In the future, stick with one year leases. 80% of longer leases will end up breaking the lease and leaving early, so there's no benefit to you. Tenants typically ask for longer leases to (a) get a discount, (b) entice you to skip some screening, or (c) pick them ahead of other qualified applicants. There's no reason to play that game. Charge market rate, rent for a year, renew them with an increase if they meet all your expectations.

    Hello, thank you for the advice! He ended up texting me on June 1 to let me know he’s moved out and that the keys are in the mailbox. I have already changed locks, cleaned the place up, and listed it for rent.

    So he is still entitled to the remainder of the deposit even after improperly breaking the lease? I’ve seen conflicting answers regarding that question online and I want to make sure. Also, he left some items behind. I have texted him about them but he hasn’t answered. Can I just leave the items in the unit for the new tenant to use? Or do I legally have to do everything in my power to return them to my previous tenant? I can’t believe he would purposely leave such things behind, they look brand new. 
    0Reply
  • Malcomb StapelPro Member
    Investor · Topeka, KS · Member since 2020 · 669 posts · 488 votes
    4y

    @Mason Walker  I would send his TV and sofa out to the curb and pretend you never saw them. The microwave could stay for the next tenant if it's nice. The four days of cleaning comes directly out of the security deposit, that's what its for. Itemize the charges and have it ready in case he mentions it. @Nathan Gesner laid our a pretty good course of action for you. 

    1Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    4y

    @Mason Walker the correct answer is follow the abandoned property laws for your area.  Personally, I would indicate to him that you are considering them abandoned property please get back to you in 24 hours if he wants to pick up otherwise you will charge him for disposal.  That might get a response. If it really is just junk put it to the curb and see if someone picks it up.   He is obligated to pay until the property is rented in most areas

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    Your state has laws on how to deal with abandoned property. In this case, your tenant told you in writing that they are out. It's safe to declare anything left behind as abandoned. Take pictures (just in case he comes back and claims he forgot his $10,000 antique sofa), and give it away, sell it, or dump it.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    0Reply
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