My tenant is two weeks late with rent, I got an email with a reason why it was late and that it would be sent soon; nothing yet. I went by the house today and there were no cars outside and from what little I could see from the front window I couldn't see any furniture. I also didn't get a response to my phone call or most recent email.
So now what is my next step to insure that I don't do anything that infringes on my tenant's rights and could get me in hot water? I would guess that I would have to go through the eviction process whether they are there or not, correct?
Call again and leave a message. Start eviction immediately. go in. If you were right and he moved out start fixing the place and market for the next tenants. U are lucky they moved out so quickly.
Mistake you made is waiting so long.
The last thing you want is a lawsuit from a tenant. Painful though it might be, unless you have a statement from the tenant saying "I have moved out," I would talk to a local landlord/tenant attorney and initiate legal eviction proceedings immediately. Better to regret wasting a couple of months with an eviction than to go in early and regret finding yourself at the wrong end of a tenant suit.
1. Give proper notice and enter.
2. Call utility company and see if utilities were turned off.
3. Is that water I hear running with nobody home? Just kidding.
4. Learn your local eviction/abandonment procedures super quick!
5. Document everything and begin cleanup/rehab for next tenant.
@Paul Zofsak two things. Post notice for late rent. Post notice to enter in 24 hours. Return and see what's up. If it's empty, consider posting notice of abandonment and continue to pursue eviction. I would document the condition and email and text tenant that it appears they have moved out of (abandoned) the property and they have 3 days to notify you otherwise. If no answer then I would re-rent and follow through with the eviction. They should have been served by the time you start re-renting. You probably will have won the eviction case (but not the setout) by the time a new tenant will want to occupy. They might be able to sue you, but I think the risk is very small and you have to weigh the cost (being sued) vs reward (additional month's rent).
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