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Updated over 1 year ago on . Most recent reply

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Jermaine Washington
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Tenet has abandoned property without paying rent.

Posted

Hello fellow landlords!

Out of curiosity would anyone be willing to share any experience with non-paying renters who've vacated the property prematurely? Is there any legal action one can take or is it just a lost cause? Any information would be greatly appreciated. 

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Jermaine Washington:

Hello fellow landlords!

Out of curiosity would anyone be willing to share any experience with non-paying renters who've vacated the property prematurely? Is there any legal action one can take or is it just a lost cause? Any information would be greatly appreciated. 


1. Why hasn't your property manager already answered this question? This is troubling. The PM should be an expert on state law, and they should have policies and procedures in place to handle these situations. The fact that you are asking this question of strangers instead of your PM indicates you have an amateur managing your property. I would consider looking for a new PM.

2. Here's the state law: https://law.justia.com/codes/tennessee/title-66/chapter-28/p...

3. Inspect immediately to verify. I recommend you make a video of you entering the unit and documenting exactly how it is found. This may be needed to protect you from claims later.

4. If the unit is empty, change the locks, clean it, and get it rented. You should still do the abandonment notices to protect yourself.

5. If you find belongings inside, look closer to see if the tenant has been abandoned or is just gone for a long vacation, hospitalized, in jail, etc. If they've genuinely abandoned, you'll notice their clothing, personal hygiene, and things of value are all gone. They'll typically leave behind mattresses, couches, broken furniture, rotten food, etc. In this case, change the locks, clean the place up, and get it rented. Post your notices to protect yourself.

6. If there are items of value left behind, or even personal items of sentimental value, I will follow the abandonment rules to a "T" to avoid any legal issues. If the law allows, I will sometimes move the personal items to storage, which is much cheaper than lost rent, so I can clean up the rental and find a new tenant. If the original tenant wants to claim their belongings, they must pay any unpaid rent, plus the cost of moving and storage, then I will give them access to pick up their belongings. If they don't pay within the required timeframe, then I auction off the storage unit and wash my hands of it.

  • Nathan Gesner
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