Tenant abandoned my place.

General Landlording & Rental Properties
9yFollow

Tenant abandoned my place.

Chinmay J.
Investor · Northern, VA · Member since 2016 · 1k+ posts · 904 votes

Never had this happen to me before. I own a place in Loudoun County, VA and recently rented it to a young couple. Seemed like a decent couple and passed the background check just fine. About 10 days after the lease was signed, I got text from the guy saying he wanted to be out of the lease. because he was having issues with his girlfriend. Met with both of them to sort things out, before I left town for a week to basically drill some sense into them and also underline that the entire rent on the lease is due if they decide to break the lease agreement.

I come back from my out of town visit to realize that that the place has been abandoned. Upon inquiring, the neighbor told me that she saw the guy move some of his personal belongings last Wednesday (11/16/16) and left the patio door wide open. 

I went in with Loudoun County Police Officer and secured the place. I did not enter the premises myself. Thankfully, there is no damage to the property. 

This is what the language in the NVAR (Northern Virginia Association of Realtors) Lease Agreement says about abandoned properties under section subtitled as Tenant Duties:

Providing Notification to Landlord if the Tenant intends to be absent from the Premises for more than 14 days. If they Tenant fails to Notify Landlord, Landlord may consider the Premises abandoned. 

The neighbor is willing to sign an affidavit that she saw the guy leave the house on 11/16/16.   So my question is what do need to do in order get in the place and haul their stuff out.  Can I, after 14 days, go in there myself, or do I need to go in front of the judge and go through the court system.  This is not eviction per se, but the people have just left. 

1Reply
70 views

Most Popular Reply

Gail K.
Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
9y

What a stinking thing for your tenant to do.  

Unfortunately, this isn't unusual.

You can follow the landlord/tenant laws for your state and drag this out through the process of evictions.

Or (frankly) you can report that when you when into the rental unit to check it out the tenant had left the patio door wide open and someone came in and picked the place clean before you got there.

It's doubtful that these deadbeats who skipped will be returning to claim anything else.  But keep their text regarding wanting to break their lease, clear the place and take pictures of the empty unit as evidence of the condition when you checked this out.

Gail

1Reply
See this reply in the discussion

12 Replies

Jump to latestLatest
  • Account Closed
    Investor · Buffalo, NY · Member since 2016 · 668 posts · 209 votes
    9y

    Talk to the realtor association but I would secure their belongings in storage for 30 days and send a certified letter to their last known address (your property) stating their things will be disposed of if they fail to contact you and arrange pickup. May or may not be worth pursing them for a judgement but get the place cleaned up and rented quickly to mitigate your loss. Best of luck.

    1Reply
  • Account Closed
    Investor · Santa Rosa Beach, FL · Member since 2016 · 232 posts · 153 votes
    9y

    That is a bummer. Here's a state specific NOLO post on the subject. 

    I would call a local landlord/tenant attorney. They'll be able to tell you exactly what you need to do and whether it is necessary to "store" their belongings. 

    1Reply
  • Gail K.
    Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    What a stinking thing for your tenant to do.  

    Unfortunately, this isn't unusual.

    You can follow the landlord/tenant laws for your state and drag this out through the process of evictions.

    Or (frankly) you can report that when you when into the rental unit to check it out the tenant had left the patio door wide open and someone came in and picked the place clean before you got there.

    It's doubtful that these deadbeats who skipped will be returning to claim anything else.  But keep their text regarding wanting to break their lease, clear the place and take pictures of the empty unit as evidence of the condition when you checked this out.

    Gail

    1Reply
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    9y

    Start the eviction process ,

    0Reply
  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    9y

    @Chinmay J. , first and foremost, you should learn your landlord tenant laws so you know how to proceed with their property.

    In my state of Colorado, text is not currently a legal method of notification, so while you should keep the text, do not reply to it and think that will cover you. USPS is a legal method of communication and notification, so always go through the postal service.

    Start the eviction process or contact a real estate attorney for state specific advise. This stinks, I'm sorry you have to go through this.

    [email protected]Podcast Guest on Show #261
    BiggerPockets
    0Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    The language is quite clear NVAR , I'd get neighbor to give statement have it notarized.. and after 14 days its yours. Filing eviction on someone obviously not living there is a waste of time in my opinion.

    Legally your following the law NVAR and that would be good enough for me,, and junk property take photos' and store per your state laws..

    Send the a security deposit move out statement, if you don't have forward to the place of yours they just left and let postmaster forward it. 

    1Reply
  • Chinmay J.
    OP
    Investor · Northern, VA · Member since 2016 · 1k+ posts · 904 votes
    9y

    Thank you to all those who have contributed to this thread in one way or another.  I have been pretty busy dealing with this mess for last couple of days, so couldn't contribute to the thread. 

    First of all remember, I can't start the eviction process until December rolls, but we may not have to go that far. Based on the legal advice I did get AFFIDAVIT from the neighbor and got it notarized at the local bank. Today was the 16th day since they allegedly abandoned the place.  I went in with the cleaners and got the place cleaned.  I moved their stuff and sent them the notice by USPS and followed up by text that it will be disposed off in 10 days if they don't collect it from me. 

    Just got a text an hour ago from the girl's father that he wants to meet up and talk about negotiating a deal.  We will see how it goes. In the past, I have broken lease agreements with 2-3 months worth rent and then brought the place back on the market. Meeting is scheduled at 6:30 today. 

    0Reply
  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    9y

    @Chinmay J. so please do not take the advise of people from another state about what to do. EACH state has their own laws and what is legal in my state may be illegal in your state. A local attorney that specializes in landlord tenant law is the only person I would take legal advise from on this issue.

    Now practically, they are gone, unless I mis-read the post and they girl is still there. If the girl is still there then you would have to evict. You can only evict for cause. If they paid Nov rent you would have to wait until Dec to file an eviction for non-payment of rent. 

    If they have both physically left then get in touch with them. Ask for the keys. Maybe they left the keys on the counter? If you have the keys then the property is yours. Repair and re-rent. Send security deposit accounting and move on. 

    To get the keys use some leverage, threaten eviction and judgments for unpaid rent. Text, email, call emergency contacts, friends and references, in short anyone in order to get in contact with them. Don't try and make them perform the lease. They are gone and won't be returning. That horse has left the barn. You want them to return legal possession of your property to you asap. Have both of them sign a lease termination agreement and give you the keys. If you can't get that, have each of them drop the keys in the mail box and acknowledge it with a text or email. If you can't get a hold of them then the attorney should advise.

    Next time someone approaches you about getting out of a lease, know they are leaving whether or not you give them the "ok". Get a game plan in place to handle this situation. Offer to let them out with an "early termination fee" I tell them no-problem we offer early termination with a fee. They pay a one time fee and are done and gone. If they don't take my early termination fee option I let them know they are on the hook for the costs to find a replacement and that I will pursue them in court if their SD does not cover it. If you set the fee right (mine is about 2 months rent) and you hustle you can make a little money for your efforts.  It gives me time to find a new tenant and compensates me for my time or pays for my property manager to find a new tenant.

    Finally, since they left on their own, there is a very low likelihood that anything bad will happen to you if you just clean up, re-rent and send back the security deposit accounting. The worst that can happen is you rent it to someone and they come back and want their house back. You then have to negotiate the solution to that. Someone could really punk you under this scenario but it's highly unlikely.

    Do what you think is the best for you.

    I was writing my post before I saw your post. Sounds like you have a solid plan. Hope it all goes well.

    1Reply
  • Lynn McGeein
    Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    9y

    Tenants do just leave from time to time, and it seems you are coming up with good solutions.  I just wanted to add that to help avoid situations like this in the future, I require anyone 18 and over to qualify on their own unless they are a dependent of the applicant, like a spouse or a college student living at home.  That way, if a couple breaks up, either one of them could stay and still pay rent.  

    0Reply
  • Chinmay J.
    OP
    Investor · Northern, VA · Member since 2016 · 1k+ posts · 904 votes
    9y

    @Bill S. -  They have physically left but I am still being able to get in touch with them.  Looks like they will be more amenable now since they have realized that I can pursue legal options. I think they have realized how bad eviction can look on their background credit report. Not only can they not get a decent place to rent, but it can also be impediment for employment.  Both of them are almost 30 yr olds, but in terms of maturity they are just little kids. You have definitely given some good tips for future sticky situations. I did offer them early termination as 2 months rent, but they pissed on all of that.  

    @Lynn McGeein - Yes, both of them were on the lease. The only dependent was their infant baby.  I do the same. It allows me to go after the other person in case one decides not to pay. 

    0Reply
  • Jassem A.
    Investor · PA · Member since 2013 · 1k+ posts · 602 votes
    9y

    http://www.nolo.com/legal-encyclopedia/handling-te...

    http://law.lis.virginia.gov/vacode/55-248.33/

    http://law.lis.virginia.gov/vacode/title55/chapter...

    0Reply
  • Chinmay J.
    OP
    Investor · Northern, VA · Member since 2016 · 1k+ posts · 904 votes
    9y

    Update: First and foremost, thanks to everyone who contributed to the thread. So here is the update. The wife on the contract came to see me with her daddy. Daddy dearest presented me with a piece of paper - a VA legislation basically that allows. Virginia statute (Va. Code Ann. §§ 55-225.5, 55-225.16, 55-248.18:1, 55-248.21:2 55-248.31(D) victims of domestic violence to get out of the lease with proper documentation. Even after 7 days, she still seemed pretty bruised from the violence, and with the judge approved protective order she had to be released.

     After that, I went after the guy, who basically threw his hands up in the air and surrendered to the fact that he had no job and no money and literally on streets (living in mom's basement). Going after him legally would be fool's errand.  So I basically got 1 month's rent and security deposit from them, and that's it. Oh in turn he agreed to clean up the place as his buddy (according to him) owns/runs a house cleaning business.  There was no permanent damage to the place, but they made a big mess at the place that had to be cleaned. The cleaning value was a couple of hundred bucks to begin with, so it was a good value proposition for me to accept. In short time they lived at my place, I developed lot of respect for animals. To compare them to animals would be really disrespecting our four legged friends. LOL

    I rented back the place in less than a week to a new tenant, so no financial loss. In fact there was a little bit of gain, but a lot of headache for no reason. 

    1Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free