When is a rental property considered abandoned?

Question

I have 4 individuals (2 couples) listed on a lease agreement that runs for 3 more months. One of the couples is moving out. I only know this because the other couple has contacted me.  The couple that is staying has been the ones paying the rent and utilities, so barring anything unforeseen, it should be business as usual.

At what point is the property considered abandoned by the 2 that left? I'd like to legally be able to remove them from the lease.  While they are moving out voluntarily, they have told the couple that is staying that they still have every right to come back whenever they choose.

Has anyone experienced anything similar to this?

Steve Rozenberg · Answer

I agree with @Daniel MohnkernDaniel

you being in California has a whole different set of potential problems as my parents have been on the wrong side of this situation and the end result was the tenants got to stay in the property for 9 months and then they had to pay for their moving expenses because of a "perceived" violation of their rights....

Anyways as far as whether the property is abandoned if you are getting rent money then I would not disturb it, if you stop getting money and they are gone then thats a different story. We are told that a property is abandoned technically when the power is off, water is off and there is nothing of "Perceived Value"  in the home. Now the only one here in Texas that can determine this is the constable to decide nothing of value is in the home and legally returns the premises back to us.

Your scenario does not seem to be close to this, just that some people need to be taken off the lease.

So my point is I would not use the word "Abandoned"

Daniel Mohnkern · Answer

As long as they are paying rent, I couldn't care less if anyone is in there at all. If someone cleaned out all of their stuff and paid rent to me for three or four years on an empty apartment, I would be as happy as a clam, because its not causing any more wear and tear on the property.

As for taking someone off the lease, you would only be giving yourself less people to hold responsible for unpaid rent. I wouldn't advise doing that. If the remaining party decides to stop paying rent, you can go after both couples for the rent so long as both couples are still on your lease.

Having them move back into your property shouldn't be a negative on your part anyways, so I wouldn't get involved in the bickering that might happen between the two tenants.  So long as they're not damaging your property, let them be children.

Now I see you are from California, so, being the  communist state that it is, you may have other things to worry about than I.