When has a tenant returned possession?

Question

Tenant gave proper notice October 20 to end month to month lease November 30 and paid the rent due through the end of the lease. Tenant stated I could advertise the unit as available to rent November 15 with understanding that any rent paid past the date of a new tenant's lease start date prior to December 1 would be credited back. Tenant did not begin moving out until November 15 and new tenant lease will not start until December 1 since the tenant never gave me an updated, firm move out date, and I did not want to take any chances. As of today November 24, tenant has removed everything except a few dumbbell weights which she told me by phone a week ago that she still wants. Tenant has not been in unit for at least five days and has not returned messages to schedule move out inspection and to arrange to return keys and pick up the weights.

If I do not hear from the tenant before December 1, can I change the locks and let the new tenant move in? Can I store the weights in case she returns for them? Alternatively, do I have to file for eviction due to her being a holdover tenant?

Account Closed · Answer

I agree with Account Closed

Most states don't require the tenant to be at the move out walk through unless tenant specifically requests to be. You have received notice and thy have effectively moved out. I would proceed with the walkthrough, get it "renter ready" including changing the locks (on 11/30) and store the dumbells in the garage until you do the walk through with the new tenant. If she hasn't picked them up by then, just donate/toss them. If she isn't communicating or cooperating, I would treat the lease as if it ended 11/30 per her notice, and disregard her "early move out credit." If you have any other questions, don't hesitate to ask.

Account Closed · Answer

Yes, if they gave notice to be out by Dec 1 and the only thing left is the weights then go ahead.

A judge would consider them moved. You have notice and a vacant property.

Would not hurt to store the weights if it is not a problem. Don't see it ever being worth a tenants time and cost to try and sue you for the cost of some weights. And don't think they would win.

James Farrel · Answer

Thanks all!

Deanna McCormick · Answer

If it were me, I'd go in do the walk thru, leave the dumb bells by the entry, Send text and email if you can, that you completed walk thru and would like keys returned by 11/30 per end of lease terms.  That you require new address to send the security deposit statement to, or otherwise you'll mail it out and the post office will have to forward it on. Remind them of utility cut off notices are effective 11/30.

Get the apartment move in ready, be ready to change the locks and on the 30th at noon. on that day, change the locks and charge the previous tenant for lock change because the keys were not returned.

If they don't respond, store the dumb bells per your state laws,, usually 30 to 60 days and note in the security depoist statement that the stuff is in storage.. and charge a storage fee..

Gail K. · Answer

As a general rule, a tenant has returned possession when they return the keys to the landlord.   This often becomes an issue when a tenant simply vacates without notice (and doesn't leave keys behind)  and the landlord is left wondering when the timeline to notify regarding the status of the security deposit starts (even if this notification involves sending the information to the last known address...the rental property...to make certain "all bases are covered" legally).

Since your tenants have provided you written notice consider the lease ended November 30.

Gail

David Stone · Answer

Also, just something I learned from doing the same thing in the past... don't allow tenants to set the rules.  If I'm out early credit me rent.  You can show the property on X day.  If they gave written notice that they would vacate on 11/30 then you can not place a tenant earlier with the unknown that the previous one moved out or not.  Be courteous and respectful, but firm at the same time.

At the end of their lease, I would change the locks and move the next tenant in.  They are definitely not occupying the unit anymore so eviction wouldn't be necessary.  This is more on an issue of garbage/items being left behind.  Not my legal opinion, but if a tenant is unwilling to retrieve small items left behind in the unit after their lease has ended, it is considered garbage.