what can I do if tenants abandoned property mid lease

what can I do if tenants abandoned property mid lease

Investor · Everett, WA · Member since 2016 · 34 posts · 7 votes

Hey Friends,

I have tenants that have not paid October rent yet.  I have not been able to contact them in any way.  I went to the property today to post a pay or vacate.  They did not answer the door and when I looked in the windows it appears they moved out.  I talked to the neighbor and she says they moved out on Oct 7th.  Do I have to go through the eviction process or is there some provision that allows me to take back the home sooner if it is abandoned?  

Thanks,  Gabe

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Curtis BidwellPro Member
Rental Property Investor · Olympia, WA · Member since 2014 · 777 posts · 744 votes
9y

Washington State Code RCW 59.18.310 tells you what you can do.  Here's a summary:

After you determine with that the dwelling has in fact been abandoned (talking to neighbors, seeing an empty unit, etc),  post a Notice of Abandonment, immediately enter the unit, remove abandoned property with a value less than $250 for storage in a reasonably secure place, to be disposed of in 7 days and change the locks. (I've actually never had a tenant leave anything worth more than $250 value! -except for Family pictures, keepsakes, and personal papers which have to be held for 45 days. If it is valued over $250 you have to wait 45 days to dispose of.  Mail a copy of the notice to the tenant stating where the property is being stored, and when it will be sold (you can recover lost rent, damages, etc out of the sale). You'll probably just send the notice to the rental address so it can be forwarded by the post office. If it is returned, keep it in your  tenant file.

Be sure to send the proper notice of Security Deposit Disposition within 21 days or you could be liable to return it plus damages. 

In my experience, once they walk out they aren't coming back.  Whatever they left is yours to clean up.  Yes, they are liable for the remainder of their lease until its re-rented, but they won't pay.  So, clean it out and move on to a new tenant as quickly as possible. 

Be glad their out and you don't have to evict!

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  • Investor · Warner Robins, GA · Member since 2015 · 1k+ posts · 490 votes
    9y

    Wow that's a good question. Hate to hear you're in that situation man. I'd love to hear the best methods to handle this as well.

  • Real Estate Agent · Buena Park, CA · Member since 2016 · 743 posts · 424 votes
    9y
    Follow your local laws.Post a 3 day notice to pay or quit and then you can claim the lease was violated and the property is vacant.
  • Curtis BidwellPro Member
    Rental Property Investor · Olympia, WA · Member since 2014 · 777 posts · 744 votes
    9y

    Washington State Code RCW 59.18.310 tells you what you can do.  Here's a summary:

    After you determine with that the dwelling has in fact been abandoned (talking to neighbors, seeing an empty unit, etc),  post a Notice of Abandonment, immediately enter the unit, remove abandoned property with a value less than $250 for storage in a reasonably secure place, to be disposed of in 7 days and change the locks. (I've actually never had a tenant leave anything worth more than $250 value! -except for Family pictures, keepsakes, and personal papers which have to be held for 45 days. If it is valued over $250 you have to wait 45 days to dispose of.  Mail a copy of the notice to the tenant stating where the property is being stored, and when it will be sold (you can recover lost rent, damages, etc out of the sale). You'll probably just send the notice to the rental address so it can be forwarded by the post office. If it is returned, keep it in your  tenant file.

    Be sure to send the proper notice of Security Deposit Disposition within 21 days or you could be liable to return it plus damages. 

    In my experience, once they walk out they aren't coming back.  Whatever they left is yours to clean up.  Yes, they are liable for the remainder of their lease until its re-rented, but they won't pay.  So, clean it out and move on to a new tenant as quickly as possible. 

    Be glad their out and you don't have to evict!

  • Investor · Mukilteo, WA · Member since 2012 · 4 posts · 4 votes
    9y

    Gabriel, are you a member of the Rental Housing Association of Puget Sound (RHA)?  They are an excellent resource for most landlord questions, including this.  They also provide most rental forms you will need if you are a member.  You can also refer to Washington's Landlord/Tenant Act, RCW 59.18 which addresses this as well, if I remember correctly.  Good luck!

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