Tenant Just Planning to Walk at End of Lease

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Tenant Just Planning to Walk at End of Lease

Dan Fitzpatrick
Rental Property Investor · Bellevue, WA · Member since 2019 · 6 posts · 5 votes

I inherited a tenant when purchasing a 4-plex.  He has been a problem from day 1 - 4 people living in a 1 bedroom, extremely dirty, does not meet scheduled maintenance appointments, infested with cockroaches, etc.  After three months of ownership, I have decided not to renew his lease.  I have a $500 deposit and he has indicated that he is going to walk at the end of the lease and leave all of his belongings behind and that I can keep the deposit.  

Other than the deposit, do I have any rights or actions I can take to put pressure on him to at least take his things?  He says that he plans to leave the country and does not need any of the things in the apartment.  I have made it clear that I have no use for them and that I need him to remove everything and clean it up.  He says he will but has made it pretty clear that if can't sell it all he has no use for it and no way to dispose of it.

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

Get him to put it in writing and sign it .

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  • Andrew B.
    Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    7y
    Your only recourse, like most issues you are going to face as a landlord, will be the legal system. Like all issue you face, your best decisions will be to cover your *** first, by cleaning and getting the unit rented again, as soon as possible. Don't delay this part because you want to use the legal system to punish an outgoing tenant. Once you have brought the old unit to rentable condition, and begun advertising, you would tally up your receipts (you must do this anyway to send an accounting of the security deposit refund) and when the receipts are more than the security deposit, you sue the old tenant (if its worth it). Unfortunately, if he truly is leaving the country, you will never see that money. There are deadbeat tenants that don't leave the country that never face recourse.
    2Reply
  • Caleb Heimsoth
    Rental Property Investor · Durham, NC · Member since 2016 · 7k+ posts · 7k+ votes
    7y

    @Dan Fitzpatrick I would just remove it. Sell it yourself or have the city pick it up with the trash. This happens quite a lot. It’s not usually a huge deal.

    My last tenant left literally everything behind. I just through it all out. Took about 2 hours

    2Reply
  • Robert Biggerstaff
    Contractor · Pensacola, FL · Member since 2018 · 303 posts · 240 votes
    7y

    Be prepared that he actually does not follow through. I’ve had them say the same thing and then I’ve ended up having to evict them.

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

    Get him to put it in writing and sign it .

    4Reply
  • Russ B.
    Investor · Cleveland, OH · Member since 2017 · 319 posts · 330 votes
    7y

    As said above, there's a great chance that he doesn't leave. It's common for people to tell you that they'll be out by X date, and then stay. 

    Also, the part about leaving the country makes everything else he's said sound that much more questionable. 

    I would post the required notices and do everything you'd normally do at the end of a non-renewed lease, regardless of what he says. 

    Similarly, I would follow the law to the letter around the deposit. He may show up in 31 days and demand it back. 

    3Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    Get it in writing that he has abandoned the contents of the property.  You can then charge him for clean up and removal of the items.  My guess is it will cost you more than his deposit, but in the long run you are better off.

    1Reply
  • Dan Fitzpatrick
    OP
    Rental Property Investor · Bellevue, WA · Member since 2019 · 6 posts · 5 votes
    7y

    He is not saying he is abandoning his property any longer.  Once I told him that he needs to remove it all and clean the apartment he says that he will.  When I ask him how he is going to move it all he says he is going to call a friend to buy it - no plans beyond that.  There is not much worth selling.

    I have a remodel project starting the day he is supposed to leave.  If he is still there am I able to legally start the project without kicking him out?  It will leave the kitchen unusable and in a week or so the bathroom as well.  

    Final question, his son who is not on the lease looks like he is most likely to be the one that does not leave when the lease is up.  Does he have squatters rights?  He is staying there illegally already.

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  • Daryl Luc
    Member since 2019 · 226 posts · 107 votes
    7y
    Offer him $100 to leave by the end of next week and he can have the money when he hands you the keys.  If he accepts, have a witness there as he turns over possession.  Install new locks the same day.  Throw out anything not of value and sell the rest on Craigslist.  Find a new tenant.  Visit the property every day that it's vacant, just in case he, or someone else thinks squatting is the new cool.  Good Luck.
    1Reply
  • S Harper
    Real Estate Investor · Denver-metro, CO · Member since 2008 · 58 posts · 15 votes
    7y

    Dan, 

    I had a similar situation -  a tenant moved in her boyfriend while telling me that he wasn't living there. When she moved out, he stayed. I thought he wouldn't have rights since he had moved in in violation of her lease and they had lied about it, however, in Colorado he had "established residency". He had all of the rights of a tenant. Check what the rules are in Washington for establishing residency.

    I had to proceed with an eviction of my tenant (in spite of the fact that she had already moved out) plus "any and all other occupants" to cover him.

    Find out what your restrictions are so you don't end up with an unlawful eviction for someone who has established residency.

    These two left a lot of belongings and garbage behind once they did move out. At the advice of an attorney, I had provided them notice in writing that they were responsible for the rent until all belongings are removed or until they signed a release stating that they had taken everything that they wanted, and that I was free to dispose of the remaining items. Good luck.

    0Reply
  • John Teachout
    Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    7y

    I presume you have officially notified him/her of the lease termination? I would be more concerned with the occupants actually leaving than I would with them abandoning their stuff. Just make sure you get them to sign a release for you to be able to get rid of their stuff after they leave. It shouldn't cost that much to clean out the unit. I've had people leave a lot of useful items and they were only moving 15 miles away. Don't understand what goes through people's minds as they probably had to repurchase those items the next week... I've seen properties (not mine) that it appeared the occupants only took their wallet and car keys and left everything. Puzzling but not uncommon.

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    You don't need to pay him anything. I can't believe anyone would suggest that as a starting point.

    Get him to put his notice in writing with a specific day/time that he will be out. Require him to turn over the keys as proof he's gone. Include a simple statement that anything left in the unit after he turns in the keys will be considered abandoned property and may be disposed of at your discretion.

    If he's still in there the next day, start the eviction process. He'll probably scurry off shortly thereafter but you need to start the process anyway, just in case he tries to linger. You can always stop the eviction if he leaves.

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    0Reply
  • Dan Fitzpatrick
    OP
    Rental Property Investor · Bellevue, WA · Member since 2019 · 6 posts · 5 votes
    7y

    Thank you all for your input.  I will keep this all in mind.  I'm very grateful to have such a great community to turn to when these things happen.  I will be sure to pay it forward once I have some knowledge worth sharing - ha!

    Dan

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  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    7y
    Originally posted by @Dan Fitzpatrick:

    Thank you all for your input.  I will keep this all in mind.  I'm very grateful to have such a great community to turn to when these things happen.  I will be sure to pay it forward once I have some knowledge worth sharing - ha!

    Dan

    Dan, landlord tenant law varies significantly based on locality. Make sure you are following your local laws (the specific jurisdiction that the property is located in). Find a copy on-line. Read them and understand them. Find a local attorney specializing in landlord tenant law, talk to them. Most will consult for free but I would be willing to pay for 1-2 hours of their time to review the situation. Get ahead of this situation or it could cost you dearly. 

    Generally speaking, yes they can leave their trash and you have to clean it up.

    I would caution the use of "abandonment" in your writing. In our state it is a legal term and there are statutes that govern this. You don't want to have to follow those if yours does too. 

     In all likelihood, you cannot just start your project if they don't move. It could be considered a self-help eviction which has serious legal consequences. 

    In addition, it's likely that his son also has legal rights and you must figure out how to get him out as well. 

    The main thing is to get everything in writing. If they say something, write it on a napkin (it that's all you have) and have him sign it. Keep all texts and emails. 

    As a rule, assume the tenant can do whatever they want unless you know specifically how the law prohibits it and you have in writing that you made him aware of that. Know that if you end up in court, the tenant is favored in most areas. Landlord tenant court is more like Judge Judy than Law and Order. You are assumed to be in the wrong as the mean evil rich landlord. Your only weapon is the knowledge of the law and following it to the letter and even then you can lose.

    0Reply
  • Dan Fitzpatrick
    OP
    Rental Property Investor · Bellevue, WA · Member since 2019 · 6 posts · 5 votes
    6y

    Thank you everyone.  This is just a follow up for anyone doing a search down the road.  I let the son stay the night the day he was supposed to move out.  I let him know that if he did a full clean of the apartment I would get his deposit back to him.  I showed up the next morning and he had done none of it.  I asked for the key back which he gave me and walked out the door without a thing.  No clothes, bed, or food all of which he left behind in the apartment.  I changed the locks and we got started on the remodel.

    I did hear back from him in the form of an attempted break-in of the laundry room, likely to get at the coin operated machines.  He broke the door handle off and damaged the door a bit but was not able to get in.  He has not been seen around the apartment since then.  Good(ish) result without requiring an eviction but it did require a full day of cleaning up personal belongings, a truck rental, and a big visit to the dump.  All in cost was over $300 none of which was covered by deposit.  No complaints as we were able to rent it out the day that the remodel was completed.

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