Next Steps for This Situation

[Samuel Coronado]

Has anyone else faced something similar? What did you do?

I am in the process of dealing with a difficult client. He moved in October 2023 and began missing payments in December and hasn't paid most of January. He is now rejecting all of my calls and not responding to texts. When I went in person to the unit, the door was wide open with no one home. The electricity is turned off because he never put it in his name upon moving in. I gave him a pay or quit notice last time I saw him on Feb 3, 2024. He he has not paid yet. I am not sure if the property is abandoned yet with his things still in it. I want to get control back over the unit so I can get it ready for the next tenants. Alabama law says that a property is abandoned if there is no electric service for over 7 days. We have passed that point now. Alabama law also says I do not have to inventory and store the belongings. I'm thinking about sending one last message and then disposing of the property and re-renting the unit. Do I have a case for abandoned property? I am waiting on some lawyer consultations right now. 

[Kevin Sobilo]

@Samuel Coronado, I don't know your state's law but I would think that you would go to court to have the unit declared abandoned and for possession to be awarded back to you. In my state that is what would be required.

Even if not technically required, I would do that to protect myself. For instance, what if you are incorrect in your evaluation of the criteria for abandonment or perhaps fail in some other way such as required notices, timeframes, etc. If you make an error, then the tenant could sue and win a judgement against you. However, if you go to court and the judge decides everything is in order and awards you possession you should be well protected from any further action.