Tenant left but did not return the keys and will not answer phone calls

Manchester, New Hampshire
General Landlording & Rental Properties
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Tenant left but did not return the keys and will not answer phone calls

Kelsey Pedersen
Member since 2023 · 2 posts · 0 votes

Hello, I have an apartment in NH the tenant informed us they would be breaking their lease and were informed they would be responsible for the rent and utilities until it was rerented or their lease expired. They were agreeable but the next month they moved out and did not pay their rent and stopped responding to any form of communication. During this ordeal it was discovered the heat was shut off and all the pipes froze. That has since been repaired and the tenant now owes another month of rent. My questions are 

1. If I can get them to take a phone call would you offer to forget about the charge to fix the frozen pipes and back rent in exchange for the keys or take them to court to get the money and keys. Total owed is around $5000.

2. Should I post a pay or quit or should I post a notice of believed abandonment. 

I have contacted a lawyer a few weeks ago but he has has not had time to review the case

Just looking for guidance / input on what my next steps should be. 
Thank you

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Kristofer Danaher
Rental Property Investor · Rochester NH · Member since 2026 · 5 posts · 13 votes
6mo

Kelsey I strongly recommend joining the New Hampshire Rental Property Owners Association (NHRPOA). There are meetings every month in Dover NH. There are many members who are experts in dealing with these situations and are happy to share information. I have learned a ton attending these meetings. 

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  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    6mo

    This largely depends on Local LL/Tenant law. First step though, clearly, is find a different, eviction savvy, Attorney.

    Depending on local law, since obviously you have been in the unit regarding the burst pipes, did you document with photos the general conditions found? If it was clear they had completely vacated...no clothes in the closet, no toothbrushes in the med cabinet, no, or clearly rotten food in the refer, no working electonics or useable furniture, after taking pics, I would change all the locks, secure the unit, and post a notice with your contact info in case the lawful Tenant returns and wants access.

    Then proceed based on your Attorney's recommendation for the locale.

    0Reply
  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    6mo

    This:  "In New Hampshire: a landlord cannot legally change the locks without a court-ordered eviction, even if the tenant stops paying rent and vanishes. Doing so is an illegal "self-help eviction". The landlord must follow legal procedures, such as issuing a notice to quit, to gain possession."  (End)

    And, quit wasting your time trying to get them to contact you...no response is a response.  Don't forgive and forget anything.  Issue a Notice to Quit - and force the issue.  I bet their thinking you'll just let it all go - so cowboy up and manage to the lease. The #1 reason why landlords fail, according to the American Apartment Owners' Assn, is failure to manage to the lease.  You must know your state landlord/tenant laws...it's costly and painful for any mistake.

    Please issue the Notice today; send it in the method required by your state law.  You can google it. 

    2Reply
  • Kristofer Danaher
    Rental Property Investor · Rochester NH · Member since 2026 · 5 posts · 13 votes
    6mo

    Kelsey I strongly recommend joining the New Hampshire Rental Property Owners Association (NHRPOA). There are meetings every month in Dover NH. There are many members who are experts in dealing with these situations and are happy to share information. I have learned a ton attending these meetings. 

    3Reply
  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    6mo
    Quote from @Kelsey Pedersen:

    Hello, I have an apartment in NH the tenant informed us they would be breaking their lease and were informed they would be responsible for the rent and utilities until it was rerented or their lease expired. They were agreeable but the next month they moved out and did not pay their rent and stopped responding to any form of communication. During this ordeal it was discovered the heat was shut off and all the pipes froze. That has since been repaired and the tenant now owes another month of rent. My questions are 

    1. If I can get them to take a phone call would you offer to forget about the charge to fix the frozen pipes and back rent in exchange for the keys or take them to court to get the money and keys. Total owed is around $5000.

    2. Should I post a pay or quit or should I post a notice of believed abandonment. 

    I have contacted a lawyer a few weeks ago but he has has not had time to review the case

    Just looking for guidance / input on what my next steps should be. 
    Thank you


    Find an experienced landlord-tenant attorney, not a jack-of-all-trades one!

    Stop chasing the tenants, they have virtually "Flipped you off"!

    Why aren't you monitoring the utilities?
    - Most utility companies have some type of landlord program that auto-alerts you for shutoffs or even auto-flips service to your name (with an alert).

    [email protected]248-209-6824
    Logical Property Management4.9458 Reviews
    WebsiteView Page
    2Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6mo

    they moved out and aren't paying rent. They gave to notice that they were breaking the lease and have more than likely moved the utilities out of their name.  Get it rekeyed, email them that you are keeping entire deposit for the rent (assuming they didn't give you 30 days' notice), and rent it out. 

    0Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    6mo

    I like @Patricia Steiner response - "manage to the lease" :-) 

    0Reply
    • Richard F.
      Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
      6mo
      Quote from @Bruce Woodruff:

      I like @Patricia Steiner response - "manage to the lease" :-) 

      Well, in principle I agree, but in the Real World, and most certainly if it was discovered that utils were off, I'm going in, with a witness, and taking pics at every step. No clothes, nothing in the med cabinet, clearly nothing of value, and no payments...I'm securing my, OR my Client's property, and have done so on numerous occasions over the years, with zero repercussions. As a LL, you need to know when to Cowboy Up.

      If, OTOH, my suspicion is that Tenant is NOT out, but not responding, I will have the PD meet me at property for a "Wellness Check", which can turn out one of four ways...still occupied, hiding in a closet (this has happened); appears abandoned; clearly still occupied but absent; or occupied but deceased.
      1Reply
  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    6mo
    Quote from @Kelsey Pedersen:

    Hello, I have an apartment in NH the tenant informed us they would be breaking their lease and were informed they would be responsible for the rent and utilities until it was rerented or their lease expired. They were agreeable but the next month they moved out and did not pay their rent and stopped responding to any form of communication. During this ordeal it was discovered the heat was shut off and all the pipes froze. That has since been repaired and the tenant now owes another month of rent. My questions are 

    1. If I can get them to take a phone call would you offer to forget about the charge to fix the frozen pipes and back rent in exchange for the keys or take them to court to get the money and keys. Total owed is around $5000.

    2. Should I post a pay or quit or should I post a notice of believed abandonment. 

    I have contacted a lawyer a few weeks ago but he has has not had time to review the case

    Just looking for guidance / input on what my next steps should be. 
    Thank you


     What date did tenant give as their last day when they indicated they would be terminating their lease early?   Jurisdictions have various requirements for declaring a unit abandoned.   It is possibly in your jurisdiction that it will take longer to get the unit legally declared as abandoned than their move out date.  Make sure you follow the legal process for abandonment and if you cannot or are unsure, hire an attorney that specializes in LL/tenant law (evictions, abandonment, collection of tenant owed money, etc).

    Next, in my area you can sign up with utilities that when a tenant closes their utility account that the utilities automatically transition to the landlord.  In my market this avoids the turn on transfer fee.   Maybe as important it keeps power to the refrigerator and a means to keep yard watered and toilets flushable.   A refrigerator that has not been cleaned out and has no power for a few days could be ruined.

    Getting a judgement against a tenant is only half the battle, collecting on that judgement is half the battle.   In my market you get a judgement, they get time to appeal (30 days) that you have to let elapse before going after any collections. If the person does not pay you then have an asset/income hearing.   This is where you can find out about their assets/income.   If they have savings, this is easy but unfortunately that is rare.   Next if they have good income you can get wage garnishment.    Another possibility that is virtually never available is a lien on property.  These people seldom have property worth placing a lien on. Your area may have a different process.  It is likely you will not be collecting soon.

    Good luck

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    6mo

    @Kelsey Pedersen  Abandonment may be quicker than eviction if it looks like they are truely out. I am not sure what is going to make you better off financially but if you aren't going after the cost of the pipes probably abandonment. Check in with some local landlords and/or find a lawyer that can get back to you.

    0Reply
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