Tenant vanished - do I need to evict before re-renting?

Question

One of my tenants didn't pay rent on time so I went to get in touch with her and her phone is off.  All payments before were on time. I sent someone to serve the 3 day notice and he let me know that the unit looked vacant. So I go check the unit out and sure enough it was empty, the tenant even cleaned the house really well before leaving. The tenants in the neighboring units haven't seen them in a couple weeks. She did not leave the key behind.  About 8 months remaining on the lease.

My lease does not cover abandonment which I now realize should be included. So now that I've served the 3 day "pay or quit" notice properly can I proceed as if she took the "quit" option and legally change the locks and re-rent the house? Or do I need to proceed with the full eviction process even though this tenant is long gone?

I have a deposit equal to two months rent.

This is in upstate NY.

Nathan Gesner · Answer

Personal opinion: document the condition with pictures and/or video, add a note to their file, change the locks, and move on. Apply the deposit towards unpaid rent, utilities, and other charges. If there is a refund, deal with it according to your state law.

The odds of someone vacating a home and then returning to sue you are astronomically low and they would be unlikely to gain anything from it.

Dick Rosen · Answer

Not sure what the abandonment law is in NY but in AZ we have to post an abandonment notice for 5 days before taking over possession but with all the personal property gone and cleaned, I'd take my chances and proceed like @Nathan G. suggested.

G Brian Juk · Answer

I would change the locks if you didn’t get the keys back. Cheap peace of mind. Re-rent asap if it was me

John Underwood · Answer

My magistrate has always told me that if unit is vacated and left than $500 worth of stuff is in house I could take posession.

You could call to confirm.

Then I would change locks, do any necessary maintenance and start advertising for rent.

Tenant vanished - do I need to evict before re-renting?

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