Tenant left home without giving notice
Member since 2023 · 33 posts · 7 votes
Tenant left home without giving notice
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Bjorn AhlbladPro Member
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votesUnfortunately this happens, I choose to take this as part of the business I am in and review my screening process. Photograph or video the empty unit and get the place ready for the next tenant. Some LL will pursue the tenant for any rent owed or notice period not satisfied, that of course is up to you. Save any communication. Be sure and send them a final accounting including the security deposit to any forwarding or last known address. All the best!
25 Replies
- 2yBjorn AhlbladPro MemberInvestor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
Unfortunately this happens, I choose to take this as part of the business I am in and review my screening process. Photograph or video the empty unit and get the place ready for the next tenant. Some LL will pursue the tenant for any rent owed or notice period not satisfied, that of course is up to you. Save any communication. Be sure and send them a final accounting including the security deposit to any forwarding or last known address. All the best!
- 2yDavid BennettBusiness MemberProperty Manager · Bothell, WA · Member since 2024 · 49 posts · 31 votes
1) what are the notification requirements for a tenant in your jurisdiction? Being Texas, I am guessing they are somewhat LL friendly. Make sure they are not jumping through a loophole.
2) What does the lease state regarding notice and responsibility of rent should they terminate early? If you don't have such clauses you might not be able to do much or might be limited on the damages.
3) What is the damage/condition of the property? You may be spending that deposit on getting the property back into rentable condition. So you may not be covered for a month's rent - don't count that chicken yet.
4) Assuming you can hold them responsible for rent, you should still get the property turned as quickly as possible to avoid the vacancy loss.
5) Determine the loss in physical damages, vacancy, etc. and send them a bill. When they don't respond, file a claim.
Sorry for your situation, but my best advice would be to move past them as quickly as possible, then deal with the financial aftermath separately.
- Attorney · Pensacola, FL · Member since 2023 · 178 posts · 106 votes2y
In Florida, if the landlord believes the tenant has abandoned the premises, the landlord can take possession, but I advise my clients to make sure the presumption of abandonment exists (pursuant to statute) and to follow the process of sending notice to the tenant stating that the landlord has determined that the tenant has abandoned (giving the reasons that form the basis of that determination) and that if the tenant doesn't respond within the deadline given (normally 1-3 days), the landlord will retake possession. This helps to protect the landlord in case the tenant later asserts that the landlord took possession illegally.
Once possession is taken, the landlord can follow the statutory provisions regarding making a claim on the deposit, including assessing for damages, accounting for all monies owed and unpaid during the lease, taking move-out pictures, getting needed estimates for repairs, etc. Be sure to meet your statutory requirements for making a claim on the deposit, including, e.g., certify mail to last known address, meeting the specificity requirement on the notice of claim, mailing within the timeframe provided by statute.
Best wishes.
- Member since 2023 · 33 posts · 7 votes2yThanks for all the responses. Does any of you have the lease termination agreement which I could use pls? Never had to do this ever before
Quote from @Tim Baldwin:
In Florida, if the landlord believes the tenant has abandoned the premises, the landlord can take possession, but I advise my clients to make sure the presumption of abandonment exists (pursuant to statute) and to follow the process of sending notice to the tenant stating that the landlord has determined that the tenant has abandoned (giving the reasons that form the basis of that determination) and that if the tenant doesn't respond within the deadline given (normally 1-3 days), the landlord will retake possession. This helps to protect the landlord in case the tenant later asserts that the landlord took possession illegally.
Once possession is taken, the landlord can follow the statutory provisions regarding making a claim on the deposit, including assessing for damages, accounting for all monies owed and unpaid during the lease, taking move-out pictures, getting needed estimates for repairs, etc. Be sure to meet your statutory requirements for making a claim on the deposit, including, e.g., certify mail to last known address, meeting the specificity requirement on the notice of claim, mailing within the timeframe provided by statute.
Best wishes.
- Attorney · Pensacola, FL · Member since 2023 · 178 posts · 106 votes2y
If you're Texas(?), I don't have any forms for that state, as I only practice law in Florida. I would encourage you to form a relationship with a landlord attorney in Texas who can assist you with needed forms, agreements, advice, etc. I know that there is a plethora of forms on the internet and folks pass them around like candy, but truth is, the property management business involves a lot of legal issues and situations. So again, I encourage you to connect with a landlord attorney.
- 2yDiego AlvaradoBusiness MemberReal Estate Agent · Flower Mound, TX · Member since 2016 · 298 posts · 140 votesThere are two ways to do this, google and find a template online or get a realtor that can use some promulgated documents by TR.
Quote from @Dee Mandrekar:
Thanks for all the responses. Does any of you have the lease termination agreement which I could use pls? Never had to do this ever beforeQuote from @Tim Baldwin:
In Florida, if the landlord believes the tenant has abandoned the premises, the landlord can take possession, but I advise my clients to make sure the presumption of abandonment exists (pursuant to statute) and to follow the process of sending notice to the tenant stating that the landlord has determined that the tenant has abandoned (giving the reasons that form the basis of that determination) and that if the tenant doesn't respond within the deadline given (normally 1-3 days), the landlord will retake possession. This helps to protect the landlord in case the tenant later asserts that the landlord took possession illegally.
Once possession is taken, the landlord can follow the statutory provisions regarding making a claim on the deposit, including assessing for damages, accounting for all monies owed and unpaid during the lease, taking move-out pictures, getting needed estimates for repairs, etc. Be sure to meet your statutory requirements for making a claim on the deposit, including, e.g., certify mail to last known address, meeting the specificity requirement on the notice of claim, mailing within the timeframe provided by statute.
Best wishes.
Per law, no-one can write you a legal document except for an attorney or the person providing the document will be infringing the law.
In terms of the tenant leaving there is no point to pursue any legal way and for you to get possession, you create a termination notice and then in 30 days you can take possession. In meantime you can put it in the market.
That is why is important to partner with a realtor that has knowledge on these processes.
Alvarado Realty Group522 Reviews - 2yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
If you have it in writing that they left, double check all utilities are paid for and transfer them to your name. Then start looking for a new tenant. Take photos and send a list of what the deposit is being used for to their last known address (ie the rental house). If they haven't forwarded their mail, keep the envelope unopened when it is returned to you as proof that you sent it.
- Member since 2023 · 33 posts · 7 votes2y
can anyon
e vet this document I prepared and let me know if you see a issue.
- 2yAlecia LovelessPro MemberMember since 2019 · 3k+ posts · 2k+ votes
@Dee Mandrekar I would not recommend pursuing lost income. I’d just consult an attorney as to the legal requirements and move forward with the next tenants.
Often the first consult is free with an attorney if it is fairly simple. If you start asking for documents and such they’ll charge you.
- 2yDrew SygitBusiness MemberProperty Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
@Dee Mandrekar you can send them a lease termination, but doubt they will respond.
You have two legal worries:
1) Tenant coming back and claiming you illegally evicted them.
---Save their text, it should cover this.
2) Tenant claiming you took a valuable asset of theirs.
---Send them a text confirming they are giving up claim to any & all personal possessions left behind and save their response.You could pursue them for damages in Small Claims Court, doubt they would show, but you would need their new address to properly serve them.
Logical Property Management4.9459 Reviews - Real Estate Agent · Central Ohio · Member since 2024 · 10 posts · 6 votes2y
Quote from @Dee Mandrekar:
Our tenants left without giving prior notice and did not pay for last months rent. I have 1 month deposit so it will cover that. There was no Lease termination doc signed or anything. What should be my next step as far as making sure we are taken care of as a LL. They just texted me and no other means of communication. Their lease was to end Spetember 2024. Pls advice.
First of all you should consult an attorney due to the fact this is a legal matter. With that said it depends on what was agreed to in the lease you signed with the tenant. As you said the lease was signed until September 2024, so according to what was written in the post the tenants are responsible to pay rent until than. But what does the lease state about nonpayment of the rent and collections process? Its different from state to state. Reach out to me if you would like to talk more.
- 2yJoe S.Pro MemberInvestor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votesSo tenant vacated property without paying rent?
Quote from @Dee Mandrekar:
Our tenants left without giving prior notice and did not pay for last months rent. I have 1 month deposit so it will cover that. There was no Lease termination doc signed or anything. What should be my next step as far as making sure we are taken care of as a LL. They just texted me and no other means of communication. Their lease was to end Spetember 2024. Pls advice.
A could be worse as in…
Tenant stayed in Property without paying rent.
I have had the later happen way more than the former.
- Member since 2023 · 33 posts · 7 votes2y
Quote from @Joe S.:
So tenant vacated property without paying rent?Quote from @Dee Mandrekar:
Our tenants left without giving prior notice and did not pay for last months rent. I have 1 month deposit so it will cover that. There was no Lease termination doc signed or anything. What should be my next step as far as making sure we are taken care of as a LL. They just texted me and no other means of communication. Their lease was to end Spetember 2024. Pls advice.
A could be worse as in…
Tenant stayed in Property without paying rent.
I have had the later happen way more than the former.
Thats true. Now working towards getting a new one.
- Member since 2023 · 33 posts · 7 votes2y
Can anyone pls review my current Lease Docs and advice me on if I am missing anything important in there? Will really appreciate it so I make sure I am covered next time.
Also had a quick question. There is fire wood left in the backyard by previous tenants and hope not but what if snakes starts living there and bite the tenant will it be our liability? or shall we just take the fire wood out?
- Attorney · Pensacola, FL · Member since 2023 · 178 posts · 106 votes2y
Dee, I highly recommend you use a landlord attorney to prepare a lease for you. Non-lawyers are not permitted (at least here in Florida--but pretty sure it's the same in every state) to advise on legal document (such as a lease agreement) and their import. Plus, you want your lease agreement to fit your business model, help you to reduce costs, provide for compensation from the tenant for administrative burdens imposed on you by tenant acts or omissions, provide for procedures tenant need to take for maintenance and other tenancy issues, etc. I know it's tempting to get the input of others in the landlord business, but you'll do yourself a favor by going to the right attorney for this need. Best wishes.
- Member since 2023 · 33 posts · 7 votes2y
Quote from @Tim Baldwin:
Dee, I highly recommend you use a landlord attorney to prepare a lease for you. Non-lawyers are not permitted (at least here in Florida--but pretty sure it's the same in every state) to advise on legal document (such as a lease agreement) and their import. Plus, you want your lease agreement to fit your business model, help you to reduce costs, provide for compensation from the tenant for administrative burdens imposed on you by tenant acts or omissions, provide for procedures tenant need to take for maintenance and other tenancy issues, etc. I know it's tempting to get the input of others in the landlord business, but you'll do yourself a favor by going to the right attorney for this need. Best wishes.
Can u recommend one that you have used and is reasonable? I need one assp
- 2yMackaylee BeachPro MemberReal Estate Agent · Kansas City, MO · Member since 2020 · 1k+ posts · 492 votes
As landlords, it's unfortunate but risks are part of the job. It's crucial to promptly serve any required notices following your state's guidelines. Be sure to specify the timeframe and maintain records of all notices served. Once the property is legally deemed abandoned, proceed with the standard move-out procedures. Conduct a thorough inspection, take photos of the property's condition, and finalize the deposit disposition. Best of luck to you.
- Attorney · Pensacola, FL · Member since 2023 · 178 posts · 106 votes2y
Quote from @Dee Mandrekar:
Quote from @Tim Baldwin:
Dee, I highly recommend you use a landlord attorney to prepare a lease for you. Non-lawyers are not permitted (at least here in Florida--but pretty sure it's the same in every state) to advise on legal document (such as a lease agreement) and their import. Plus, you want your lease agreement to fit your business model, help you to reduce costs, provide for compensation from the tenant for administrative burdens imposed on you by tenant acts or omissions, provide for procedures tenant need to take for maintenance and other tenancy issues, etc. I know it's tempting to get the input of others in the landlord business, but you'll do yourself a favor by going to the right attorney for this need. Best wishes.
Can u recommend one that you have used and is reasonable? I need one assp
I have a Lease Agreement Plan through my law firm, but it's only for Florida properties.
- Investor · Santa Barbara · Member since 2022 · 28 posts · 12 votes2y
Dee,
Sorry to hear about your situation. Here’s what you should do next:
- Check the Lease: Look at your lease for rules on early termination and notice periods.
- Document Everything: Take photos or videos of the property to document its condition.
- Send Final Accounting: Prepare a final accounting of the security deposit, showing any deductions for unpaid rent or damages, and send it to the tenant’s last known address.
- Re-rent the Property: Start looking for new tenants immediately to minimize your financial loss.
- Consider Legal Action: If the deposit doesn’t cover what they owe, you can take them to small claims court.
- Keep Records: Save all communication with the tenant, like texts and emails.
- Get Legal Advice: Consulting a local attorney who specializes in landlord-tenant law might be helpful.
Best of luck getting this resolved.
Carlos
- 2yBrett ReedBusiness MemberSan Antonio, TX · Member since 2024 · 3 posts · 2 votes
Dee, I'm a property manager down in San Antonio, but have gone through this many times. It does depend on what the lease says, but in general if you're using the TREC or Texas Realtors lease, you should have recourse to simply post a notice of abandonment on the inside of the door and if they don't contact you in 48 hours you can legally take possession and change the locks. Just make sure to document all that. However, you said they texted you? If they texted saying they left then that can be proof of them vacating.
In terms of lost rent, you can take them to small claims court, but it's usually not worth it. I would at minimum send them to an outside collections agency. Just find one and give the tenant ledger and everything they still owe. This way it will be reported on their credit report so future potential landlords can see. I for one, if a tenant has a past amount owed to a landlord, we won't rent to them until they have settled. We had one a few months ago that we agreed to let them move in but they had to go settle with their landlord from 3 years ago and make things right.Good luck!
Real Property Management Hill Country4.9119 Reviews - Member since 2023 · 33 posts · 7 votes2y
Quote from @Brett Reed:
Dee, I'm a property manager down in San Antonio, but have gone through this many times. It does depend on what the lease says, but in general if you're using the TREC or Texas Realtors lease, you should have recourse to simply post a notice of abandonment on the inside of the door and if they don't contact you in 48 hours you can legally take possession and change the locks. Just make sure to document all that. However, you said they texted you? If they texted saying they left then that can be proof of them vacating.
In terms of lost rent, you can take them to small claims court, but it's usually not worth it. I would at minimum send them to an outside collections agency. Just find one and give the tenant ledger and everything they still owe. This way it will be reported on their credit report so future potential landlords can see. I for one, if a tenant has a past amount owed to a landlord, we won't rent to them until they have settled. We had one a few months ago that we agreed to let them move in but they had to go settle with their landlord from 3 years ago and make things right.Good luck!
Thank you so much for a detailed response. I have sent them a certified mail today also stating that the Lease is terminated and also sent them total summary of what they owe. Can you pls suggest any Collections Agency names that I can use the only reason is I dont want them to cheat anyone else. Apparently they did the same to the previous owner also and I just spoke to them today after finding their contacts. Once its on their credit report they will be careful next time
- 2yBrett ReedBusiness MemberSan Antonio, TX · Member since 2024 · 3 posts · 2 votes
Quote from @Dee Mandrekar:
Quote from @Brett Reed:
Dee, I'm a property manager down in San Antonio, but have gone through this many times. It does depend on what the lease says, but in general if you're using the TREC or Texas Realtors lease, you should have recourse to simply post a notice of abandonment on the inside of the door and if they don't contact you in 48 hours you can legally take possession and change the locks. Just make sure to document all that. However, you said they texted you? If they texted saying they left then that can be proof of them vacating.
In terms of lost rent, you can take them to small claims court, but it's usually not worth it. I would at minimum send them to an outside collections agency. Just find one and give the tenant ledger and everything they still owe. This way it will be reported on their credit report so future potential landlords can see. I for one, if a tenant has a past amount owed to a landlord, we won't rent to them until they have settled. We had one a few months ago that we agreed to let them move in but they had to go settle with their landlord from 3 years ago and make things right.Good luck!
Thank you so much for a detailed response. I have sent them a certified mail today also stating that the Lease is terminated and also sent them total summary of what they owe. Can you pls suggest any Collections Agency names that I can use the only reason is I dont want them to cheat anyone else. Apparently they did the same to the previous owner also and I just spoke to them today after finding their contacts. Once its on their credit report they will be careful next time
I use Hunter Warfield. They are built into Appfolio which I use but it's helpful and effective. They charge 40% of anything ever collected but it's worth it since it's not likely I'll ever collect anything from them anyways. Regardless, you should be fine with taking back possession. Sorry this happened to you! Make sure you get a good lease and are sending NTV's as soon as you smell trouble!
Real Property Management Hill Country4.9119 Reviews - 2yJohn MorganPro MemberRental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
@Dee Mandrekar
This happened to me recently. Just clean it out and move on. Mine didn’t even text me. The neighbors told me they moved when I came over to post a 3 day pay or quit. They totally ghosted me. Then finally texted back saying to just keep the deposit. They trashed the house so there went the deposit. Some people we deal with really suck. lol
- Member since 2023 · 33 posts · 7 votes2y
What is frustrating here is that a tenant can do whatever they want and walk out clean to go next and cheat another LL. There should be a red flag for the next LL to know that this tenant is not to be trusted. So I am more keen on sending the dues to collection agency so at least it will be a red flag on their credit report. Has anyone seen issues with doing this? what can be some of the cons?
- Member since 2019 · 88 posts · 25 votes2yExtremely sorry to hear about your saga. Did they provide prior landlord references and did you talk to those references prior to approving them as tenants? Is there something you can change in your screening process?
Quote from @Dee Mandrekar:
What is frustrating here is that a tenant can do whatever they want and walk out clean to go next and cheat another LL. There should be a red flag for the next LL to know that this tenant is not to be trusted. So I am more keen on sending the dues to collection agency so at least it will be a red flag on their credit report. Has anyone seen issues with doing this? what can be some of the cons?
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