Is this a fact that tenant has abandoned the property?

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Kyle J. · Answer

@Winn Vu You should definitely make every attempt to contact the tenant and confirm with her that she’s moved out. However, if you can’t get ahold of her, I would make sure you comply with the law before you take back possession.

If this property is in your state (California), to be legally considered abandoned, you must reasonably believes that the tenant has abandoned the property AND the rent on the property must be due and unpaid for at least 14 consecutive days.

The termination of utilities could give you reasonable belief that she’s abandoned the property, but you’d still need rent to be overdue by 14 days and to serve a Notice of Belief of Abandonment.

Here’s the actual law on the matter:

California Civil Code section 1951.3

And an article on the subject if you’re interested:

Can a Landlord Take Over a Rental Property if a Tenant Abandons the Property?

Kim Meredith Hampton · Answer

Winn,

The tenant has until midnight of the 30th to return the keys, don’t cause yourself trouble by going into the unit now since she has paid and given you proper notice. Try calling, texting, emailing, courier pigeon to get the keys and make sure she has truly vacated

Randy E. · Answer

If she has paid for through the last day of the month and she has not returned the keys to you, I would not assume she has "abandoned" the property.

At the very least, I would wait until the first of the month to enter the unit. I would prefer to wait until the tenant has notified me they have moved out and returned the keys, and/or I can see all the furniture has been taken out of the property.

Why not just call and ask her?

Steve Vaughan · Answer

Its 2 days. Why the angst? I wouldn't dream of declaring a paid up, properly notified intent to vacate 2 days before.

Impatience and RE don't mix in RE on many levels. If someone took gas/heat out of their name randomly in the middle of winter I'd be concerned, but not here.

Take a breath and contact them on the 1st if you still need to.

JC Conchas · Answer

Learn from this and do not repeat the same mistakes.

Clean it up, find another tenant.

Good luck

Alan Pederson · Answer

If the house was empty and she gave you the keys why would she want you to leave? Did she need to retrieve her stash?

Ray Harrell · Answer

Check your local landlord ordinance. There is usually specific description of when a property can be considered abandoned and what documentation you have to have.

Is this a fact that tenant has abandoned the property?

Is this a fact that tenant has abandoned the property?

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