I have a tenant who paid the entire year's rent. Yep, one year in full. It was one of the tenant's parents who actually paid the money and the tenant gave us a cashiers check. The tenants are in their late 30s. In any case, we live nearby so we know that they were in the house for at least 6 months but at the end of the 6th month, we noticed that the yard wasn't being kept up. I called and text them about another matter, but I received a text stating that they were tending to a family illness. After they told me about the family illness, I became suspicious. I went by the house to ring the doorbell but the doorbell did not ring. The lights were completely off throughout the house and the back gate was open. Although I am still investigating, I believe that they moved out a week or two earlier. I will check with the neighbors to see if they know anything. I haven't entered the house yet, but I will go back to the house this afternoon, knock first, then enter. My lease was mirrored after the Texas Real Estate Commission (TREC) lease form, so it is a detailed and thorough lease. I was just baffled thinking that is it possible that they actually left the house. They had nothing to lose personally because one of the parent's paid the year's rent. Nevertheless, why wouldn't the tell me that they were leaving? They had already been in the house for a year, so this was a renewal lease. Has anyone ever had a situation where the rent was paid in full and the tenant left without notice? Again, I am still investigating the matter and will know something by the end of the day but it just reminds me of how important it is to cover all bases on your lease. You never know what people will do. Your comments are welcome.

Did my Tenant Abandoned the Property Without Notification?

Developer · Houston, TX · Member since 2015 · 1k+ posts · 1k+ votes

10y

That is an odd situation indeed. Although you've already been paid, you obviously don't want a vacant property and all the issues that go along with it, including vandalism, having to switch to vacant property insurance, etc.

I don't have any advice but I'm following just to see what others have to say.

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David Zheng

Investor · Saint Louis, MO · Member since 2016 · 970 posts · 1k+ votes

10y

You have the right mindset about asking around and then knocking/looking inside. However even if they have one piece of furniture inside still, I would consider it occupied. what does your lease say about abandonment? is there a section that specifies the outcomes in relation to abandonment

for example, mine says that if the tenant leaves the premises for more than 10 days and leaves rent unpaid, they forfeit all their belongings inside the property to me and lose their deposit. However, because your rents have already been paid, you really can't do much. Honestly the best thing is if they just decided to up and leave. just keep it unoccupied. that way you can keep the years worth of rent and not have to deal with any issues with the house :)

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Gail K.

Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes

10y

Gosh; I can hear water running from your place way over here in Georgia. Better enter the house and see what's happening.

This whole scenario was strange from the beginning. Why would the parents of a couple of tenants in their late 30's have to pay their rent (one would suspect the parents were so glad to get rid of them they'd pay anything to have them leave; even a years worth of rent).

Do you have a contact number for the parents?

Gail

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Greg H.Pro Member

Moderator

Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes

10y

In Texas , we have the ability to declare the property abandoned and terminate the lease. The law does not designate a period of time but some of the factors to use are. Are the utilites off? Vacant (The property does not have to be completely vacant). Excess mail in the mailbox. Have the neighbors observed anyone at the property

Since the rent is paid up , I would not be in a huge hurry. In Texas, you are permitted to view your property at any time reasonable. Do you investigation and at the point you do determine the property abandoned, send the 3 day notice to terminate the lease. You do not have to evict if you determine the property abandoned

Once you do this, get the property cleaned up and rented. If the previous tenant contacts you AND provides a forwarding address, the 30 day period to refund any accessible rent or deposit after deducting any costs will begin.

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Anthony Lee

Insurance Agent · West Long Branch · Member since 2015 · 206 posts · 64 votes

10y

@Tracy Sharpe I'm sorry to hear your tenants left without notice. @Michael Le is correct. If the property is vacant you will be required to change your insurance policy to a vacant property policy. Feel free to PM me is you have any questions about such.

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Account Closed

Investor · Buffalo, NY · Member since 2016 · 668 posts · 209 votes

10y

Double check your responsibility for the contents. 30-day storage? Certified letters to parents or other last known contacts? Get on this before utilities are shut off for nonpayment.

1 Reply

Colleen F.Pro Member

Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes

10y

Ever consider the family illness could be the tenant? This may be an explanation for a parent paying but that really isn't your concern. You can call the utility company to see if the utilities are still on. When you do this and look at the place today if you determine they have left- contact them about their obligations regarding any utilities and lawn maintenance as well as intentions to stay. Curious what you will find.

1 Reply

Tracy Sharpe

OP

Investor · Fort Worth, TX · Member since 2016 · 72 posts · 25 votes

10y

Thanks for your input. Concerning why the parent would pay the rent for the year. Well, the parents are somewhat elderly but inherited some money. I learned that when they first rented the property. The son-in-law was going to law school part-time and also working during the first lease. At the end of the lease, they were not going to renew because the husband lost his job; no money. We were about to post that the property was available but the next day, they said that her parents provided money to pay for the entire year. They paid us with a cashiers check to renew the lease.

I've met their parents nothing unusual. It seems that her parents have been helping them for awhile. They were living in a trailer in the back of their house until they decided to rent our house. Her parents sold their house because they were tired of the upkeep. I believe that could have been where the year's rent came from other than her parents just having the cash. Furthermore, I believe that her parents helped them with the deposit on the initial lease too.

As far as abandonment, I know my lease addresses vacancy when the rent has not been paid and also in the event that a tenant does not occupy the house within 3 days after their initial deposit but I need to look closer to see what it says regarding if someone has paid the lease and leaves.

At this point, I will check with the neighbors first to see if they noticed anything then I will make the proper notifications to enter the property.

Yes, it is a strange situation, I could be overreacting but I have a feeling that they moved out. I will have to wait until I get off work to check out the situation. I will post the outcome as a learning experience for everyone.

Did my Tenant Abandoned the Property Without Notification?

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