Baltimore Tenant moved out 1 week before scheduled eviction.

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Baltimore Tenant moved out 1 week before scheduled eviction.

Jarred Sleeth
Investor · Austin, TX · Member since 2014 · 144 posts · 86 votes

Hey BP.

I have an eviction scheduled for next week, and I've discovered my property vacant. Neighbors said they moved out. There are a few items left behind, and a lot of trash. They are clearly not living there, but I'm unsure if I can enter the property cconsidering it abandoned to get ready for the next tenant. It would be beneficial to have the extra week if this is OK. 

Thanks

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Matthew Paul
Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
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Follow thru with the eviction , then you have the sheriff as a witness , the former tenants have no right of entry after that .  I wouldnt enter the property until then .

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  • Rich N.Pro Member
    Investor · Haverhill, MA · Member since 2015 · 761 posts · 328 votes
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    Not sure of the laws in the property state, but in Massachusetts where I am at, its a big no-no.  If you think the tenants are spiteful, be careful as they could should up and claim you stole everything or locked them out. 

    If you are still thinking about it, try to email or text them and ask if they are done and out.....and save the response !

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  • Robert Curls
    Investor · Clearwater, FL · Member since 2013 · 132 posts · 58 votes
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    I probably wouldn't.  I'm not sure of the local laws in Baltimore but other advice on the topic that I've seen on BP is to follow through with the eviction continuing the process. 

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  • Nick Edwards
    Investor · Vienna, VA · Member since 2015 · 34 posts · 6 votes
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    This is interesting. I don't have an answer but I speculate it would be best if unsure to just follow protocol. Can't go wrong there, right?
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  • Account Closed
    Investor · Baltimore, MD · Member since 2014 · 1k+ posts · 688 votes
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    Make sure the house is locked up so nobody robs you and wait for the eviction.
    1Reply
  • Nick Edwards
    Investor · Vienna, VA · Member since 2015 · 34 posts · 6 votes
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    You're clearly very familiar with the Baltimore market? I would love to speak of you have the time. Thanks!
    0Reply
  • Jarred Sleeth
    OP
    Investor · Austin, TX · Member since 2014 · 144 posts · 86 votes
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    @Nick Edwards, pm me any time.

    Thanks for the advice everyone. I may try to contact them and ask. 

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  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
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    @Rich N.

    So in Mass you cannot deem the property abandon and take possession based on such factors as they utilities off, no items of value and statement from neighbors that they have moved ?

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  • Rich N.Pro Member
    Investor · Haverhill, MA · Member since 2015 · 761 posts · 328 votes
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    Originally posted by @Greg H.:

    @Rich N.

    So in Mass you cannot deem the property abandon and take possession based on such factors as they utilities off, no items of value and statement from neighbors that they have moved ?

    Correct because first and foremost, Mass is a too friendly tenant state.  I've seen tenant utilities shut off for non-payment and back on within the week (after payment). I hate it but could never base the conclusion they moved out. 

    As for the no value items, how would you know unless you illegally entered the apartment?  Please remember this is based on the friendly state and a bad tenant.   

    The good tenants always have no issues with me entering their apartment if they are not there (after I've notified them of a repair). 

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  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    11y

    Follow thru with the eviction , then you have the sheriff as a witness , the former tenants have no right of entry after that .  I wouldnt enter the property until then .

    1Reply
  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
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    Originally posted by @Rich N.:
    Originally posted by @Greg H.:

    @Rich N.

    So in Mass you cannot deem the property abandon and take possession based on such factors as they utilities off, no items of value and statement from neighbors that they have moved ?

    Correct because first and foremost, Mass is a too friendly tenant state.  I've seen tenant utilities shut off for non-payment and back on within the week (after payment). I hate it but could never base the conclusion they moved out. 

    As for the no value items, how would you know unless you illegally entered the apartment?  Please remember this is based on the friendly state and a bad tenant.   

    The good tenants always have no issues with me entering their apartment if they are not there (after I've notified them of a repair). 

    In Texas, we can deem the property abandon as well as enter the property at any time deemed reasonable.  Abandonment is loosely defined and can be as simple as power off and material belongings removed

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  • Nancy Roth
    Investor · Washington, Washington D.C. · Member since 2012 · 240 posts · 168 votes
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    @Jared Sleeth

    Maryland is an extremely tenant-friendly state. Stay away a bit longer and let the process work. Why jeopardize everything at this stage? 

    Good luck, and onward!

    Nancy Roth

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  • Chris Martin
    Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
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    Each state handles eviction a little differently. Sounds like you should wait a week and follow the process. Then "...The landlord or the landlord's employees can then remove all property from the unit and put it on the public right-of-way while the sheriff supervises. Once the property is moved from the unit, it is the tenant's responsibility. "

    https://www.oag.state.md.us/Consumer/edge81.htm

     
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  • Jarred Sleeth
    OP
    Investor · Austin, TX · Member since 2014 · 144 posts · 86 votes
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    Thanks for the replies everyone. I do think I'm just going to wait. 

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  • Account Closed
    Investor · Odenton, MD · Member since 2012 · 105 posts · 9 votes
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    I'd probably enter just to clean the place up and do any maintenance.  Then wait for the week to run out before putting it up for rent.

    I had the same thing happen to my property in Albuquerque, NM and it was no problem to declare the place abandoned and took it over.  Too bad Md is the way it is.

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  • Carl FischerPro Member
    Rental Property Investor · Ambler, PA · Member since 2015 · 2k+ posts · 1k+ votes
    11y

    modify future lease to allow entry as needed with 24 notification. Also include a paragraph in the lease to let tenants know that any repairman will be acompanied by management whenever tenant is not home and can not be contacted,  for security reasons. 

    [email protected]215-283-2868
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  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
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    Late to this thread, but just wanted to add that you did have the right to at least just enter the property to get a look around by giving a 24 hour notice of entry/inspection. You post it on the door, send it via mail, email...whatever. The law does not specify that I've ever seen how you must give notice.

    Hope everything on this ended smoothly.

    Next time you have specific Maryland landlord law questions, go to this link during regular business hours to chat online with a paralegal for free:

    http://www.courts.state.md.us/legalhelp/districtct...

    1Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
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    @Nicole A. is right. You can give the 24 hour notice then enter the property.  I would not change the locks....but I would go ahead and start cleaning up and getting your repairs done so you are able to rent on the day of the eviction. 

    [email protected]301-893-4635Podcast Guest on Show #192
    District Invest Group545 Reviews
    WebsiteView Page
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  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
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    I personally wouldn't go ahead and start cleaning and repairing before the eviction. I'm just saying he does have the right to enter by giving 24hr notice of entry/inspection...I would use this simply to be able to better assess the property so you can start estimating any repairs/cleanup. But I wouldn't actually start until eviction happened just to be safe.

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  • Gabriel G.
    Real Estate Agent · Baltimore, MD · Member since 2014 · 215 posts · 123 votes
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    @Jarred Sleeth I think @Russell Brazil and @Nicole A. pretty much covered it. I actually had the same situation happen to me and my attorney said it was ok to enter the property and get it rent ready again. What I did end up doing was texting the guys and asking them if the vacated the property. Surprisingly they admitted they did and gave me some drawn out excuse but at least I have something in writing just in case.

    1Reply
  • Gabriel G.
    Real Estate Agent · Baltimore, MD · Member since 2014 · 215 posts · 123 votes
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    oh also forgot... If you use the deposit to pay for the vacancy and repairs then make sure you send them an invoice for the cost within 45 days. (needless to say, I am not an attorney and this is not legal advice but just a comment from my experience)

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  • Gabriel G.
    Real Estate Agent · Baltimore, MD · Member since 2014 · 215 posts · 123 votes
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    @Nicole A. thanks for posting that link! Seems like an awesome little tool to have and I wish I would have known about it a year ago lol

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  • Jarred Sleeth
    OP
    Investor · Austin, TX · Member since 2014 · 144 posts · 86 votes
    11y

    Thanks for the replies everyone, and thanks @Nicole A. for that link. Great resource! 

    I did enter the property to survey any damages and start figuring out what needed to be done to rerent the unit. I waited until the eviction day to change the locks and start doing the work.  Man oh man, was it a lot of work.  That might need a whole new thread!

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