Need to do anything legal to enter property tenant vacated?

14 Replies

The wife, my tenant, left in a semi with the kids and all the furniture to another state.  She left the non-working husband at my property.  He is agreeing to leave in about a week or so with his desk and 4 boxes, which is all he has now.  I told him as soon as he's out I will stop eviction proceedings.  I don't care about the rent money at this point, just want to get him out of there.  When he's gone should I just take over the property or have all of us sign a form saying we're legally done with this arrangement?  What form would this be if I have to do that?  It's hard to get in touch with either of them so even signing a form will be a pretty big effort.  I'm inclined to just take over the property and do none of that but don't want any of them coming back and saying I locked them out or something to that effect.  I don't think they'll do that but you never know.

this is just a thought. 

you might propose to meet with him on the day he's scheduled to move out and have him sign a document that state that you're stopping the eviction notice and you won't go after him in the future for the unpaid rent, as I'm sure that might have crossed his mind, in return for the keys.

you might point out in the document that the wife is unreachable and so acknowledged by the husband by his signature

Yes, that might work but probably should also state that our lease is null and void as of that date.  Being that he's leaving 5 months into a years' lease - thanks for the reply.

Is her name on the lease? Something to think about.

Yes, both of their names are on it

Actually just found out that since they abandoned the house, for the most part, then I can just take it over and can enter w/o any recourse.  Don't have to continue with the eviction process.  Just have to hold whatever belongings are in there for 30 days.  If they aren't claimed then they're mine.

You are lucky that you are in Maryland. That would never fly in Mass. You might want to document everything as it is in the apartment, maybe even move it or store it in the basement for a while. Try to find a forwarding address and tell them you understand they have abandoned the property and everything in it is considered junk and will be disposed of in 30 days or something like that. You do not want them coming back claiming they left a diamond ring there etc.

Good idea.  I will at least notify them of what I'm doing.  Actually this property is in Albuquerque, NM.  I have 2 there.  Maryland would probably be more difficult.

so the husband left as well ?

Maryland is not all that bad. If you have any rentals in MD and have legal questions, there is free help via chat at this link:

http://www.courts.state.md.us/legalhelp/districtct...

But good call on not stopping the eviction process until they're all completely out.

305-537-6252

Yeah basically the husband is out.  No idea where he's going.  

Maryland is not all that bad? @Nicole W., the rain tax state that I live in is becoming less and less investor friendly every day. Take a look at http://www.howmoneywalks.com/irs-tax-migration//

Digging around on this site and looking at the states that are losing/gaining can be pretty insightful.

tom

@Tom Ziebro

I live in Maryland too. Each county's rental laws are different and this is what I'm referring to. For example, there is an extra step or two to evict someone in Baltimore City than Baltimore County.

As for the rain tax, there are talks of Hogan trying to repeal that.

Finally, I can't help but question a source's validity when it has things like a constantly updating ticker by the second saying, X amount "of adjusted gross income lost in the last 2 minutes and 39 seconds." 

How has MD become less and less investor friendly every day for you? I'm interested in hearing your experience. 

I started my LLC in 2012 and had no problems investing, even as a new LLC. Any hurdles I encountered had nothing to do with the state, but had to do with companies (insurance and such) that either didn't know what they were talking about or weren't actually investor friendly even though their website said they were.

Is MD perfect? No. No place is. Is MD "all that bad"? Nope, it definitely isn't.

305-537-6252

Nicole,

I meant from a general business perspective. How about paying $300 a year for all of my business entities, whether incorporated in MD or not? They won't call it a tax, but it is.

The site's ticker is basically the yearly loss of money divided out to how much leaves the state per second.

Anyone can succeed if they are determined enough...I just like as few hands in my pocket as possible. : )

Write up a simple letter for the tenant to sign (along with you also signing) before a notary that agrees to a "voluntary surrender of possession". It's basically what you described, getting written down and notarized so that nobody questions authenticity of signatures. 

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