Tenant possibly abandoned property prior to lease expiration

Managing Your Property
3yFollow

Tenant possibly abandoned property prior to lease expiration

Greg Whitman
Investor · Hollywood, MD · Member since 2015 · 15 posts · 10 votes

I wanted to get folks opinions here on this situation.  I have a property in Southern Maryland that I have now been to court multiple times to get the tenants to pay their back rent.  They have consistently stayed 2 months behind since April.  We had a judgement in September, and the eviction was scheduled.  The morning of the eviction, the tenants came up with the money needed in the judgement to avoid foreclosure.  However, as it was literally just hours before the Sheriff was scheduled to arrive, I could not cancel the movers I hired.  So, once again, back to court to get caught up again.  This time we go to mediation and agree on a payment arrangement.  The tenants made one of the 4 payments due.  Today we go back to court and only one shows up, domestic couple split up).  Judge granted me a judgement for rent and late fees owed, no previous court costs.  The one tenant states he has moved out of the property, and I have not seen his partner since November.  As of today (12-21-2022), they have 10 days left on the lease.  Should I consider they have abandoned the property and start moving forward with inspections/repairs or just wait the 10 days until the lease has ended before I take any further action?

0Reply
32 views

Most Popular Reply

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y

YES! You need to visit the property to determine if it's been abandoned. If it appears abandoned, change the locks and take control of the property immediately.

When Tenants abandon, they often leave a lot of stuff behind. It may be difficult to tell if it's abandoned. You can usually confirm by looking at what was left behind and what is missing. If it's truly abandoned, you will notice most/all clothing is gone, there's no high-value items like flat-screen TV or computer, all the food is gone or old, most kitchen items are missing, etc. You also won't find any abandoned vape pens, bongs, or cigarettes because they always have room for those. The furniture left behind usually consists of stained mattresses and trashy furniture.

It's easier to share a guide: https://www.baymgmtgroup.com/b...

Record what you find with pictures/video so they can't come back later and sue you for stealing their rare collection of bonzai trees, the freezer full of kobe beef, or grandma's ashes.

The DIY Landlord Book4.7248 Reviews
WebsiteView Page
2Reply
See this reply in the discussion

4 Replies

Jump to latestLatest
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y

    YES! You need to visit the property to determine if it's been abandoned. If it appears abandoned, change the locks and take control of the property immediately.

    When Tenants abandon, they often leave a lot of stuff behind. It may be difficult to tell if it's abandoned. You can usually confirm by looking at what was left behind and what is missing. If it's truly abandoned, you will notice most/all clothing is gone, there's no high-value items like flat-screen TV or computer, all the food is gone or old, most kitchen items are missing, etc. You also won't find any abandoned vape pens, bongs, or cigarettes because they always have room for those. The furniture left behind usually consists of stained mattresses and trashy furniture.

    It's easier to share a guide: https://www.baymgmtgroup.com/b...

    Record what you find with pictures/video so they can't come back later and sue you for stealing their rare collection of bonzai trees, the freezer full of kobe beef, or grandma's ashes.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    2Reply
  • Greg Whitman
    OP
    Investor · Hollywood, MD · Member since 2015 · 15 posts · 10 votes
    3y

    Thanks, Nathan.  I did get a text from the tenant yesterday afternoon to confirm they have abandoned the property.  I have a judgement against them for failure to pay rent, but the judge would not include court costs.  Once we figure out the damages (they were smoking inside where the lease forbids it), etc., we will be heading back to court for the additional dmanages.

    0Reply
  • Tim JacobPro Member
    Real Estate Agent · Baltimore, MD · Member since 2016 · 520 posts · 379 votes
    3y

    I would probably reposses if you have something in writing.  Id go over at night to make sure they are in deed gone.  Chance of them coming back after an inspection or 2 at night are slim though they could try to move back with relatives over the holidays get kicked out and comeback.  Worst case they do and you can move forward with your judgement.

    Worst case I don't know what county your in but in other parts of the state judgement to eviction is less than a month though in some places it can be 2.  I have not been to court in a while but from what I hear post judgement things haven't changed due to covid.   It would be the fastest to get them out via eviction from failure to pay rent.  

    Most importantly make sure the power and gas are on with this cold front coming so there is adequate heat.  Ive heard of horror stories where foreclosure homes were not winterized and a realtor goes to show it with broken water lines in the kitchen leading to a frozen waterfall effect and all the mold and destruction that ensued.  If its a rowhome or 2nd floor condo you should be ok but I wouldn't chance it

    1Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    As others said, change the locks and make sure the power and heat are on.  Then focus on getting it rented ASAP.

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free