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Tenant moving out, not paying last months rent - Landlord Forum thread 210709

Tenant moving out, not paying last months rent by Vicki (CA) on October 19, 2010 @14:38

                              
I have a tenant I gave 40 days notice of nonrenewal of lease (which ends 10/31/10). He started moving out without giving me any notice (I think he was planning to skip out because he thought I was out of town.) He is refusing to pay his last months rent (clearly stated in lease that deposit is NOT usable as last months rent). He said he would have unit clean and return keys 10/15 so I could start trying to rent unit and that he would "pay me what he thinks he owes me". it's 10/20 and he is still putting me off. Also threatening me that I would have to evict him if I didn't cooperate with him. Announcing that "I (he) is in the drivers seat."

My question, he has vacated the unit, all things are moved out. He is living in his new residence. Can I legally change the locks and take possession of unit since for all intents and purposes he has abandoned the place without paying his October rent? I do have his deposit (which he never paid in full) which will cover the lack of rent. He thinks I won't take him to court because it will cost me too much. But I can take him to small claims can't I?

WORST tenant ever. And it's my fault because I ignored too many of the things I have learned here at LPA.

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Re: Tenant moving out, not paying last months rent by Anonymous on October 19, 2010 @15:36 [ Reply ]
If he returned the keys, he moved out already. However, I would take pictures and video tape the residence (to prove nothing is there) when entering to change locks just in case.

You have to send an itemized notice on how you used his SD. Typically, it should be within 30 days after he moved out but check your state LT law to make sure.

The cost to sue in SCC is minimal (at least here in the eastern side). You have to make the decision if it would be worth your while.

Goodluck!

Re: Tenant moving out, not paying last months rent by OK-LL on October 19, 2010 @16:33 [ Reply ]
If he has not paid October rent, I would be evicting. If he has abandoned the place, nail & mail the abandonment notice and follow up with reclaiming your rental, per state law (at least there isn't anything to store). What about utilities? If they are turned off, that's one more piece of evicence that he's left the property. Change the locks and settle the SD, including a deduction for the unpaid rent and any damages.
Re: Tenant moving out, not paying last months rent by James Bond (Texas) on October 20, 2010 @08:58 [ Reply ]
Great advice from others.

I would change the locks and claim abandonment. As previous post suggested, take pictures. In addition, I would take the pictures with today's newspaper showing to prove the date (Be sure to save that newspaper).

This is what I would do. It may or may not comply with your State's laws. In reality, the tenant will likely fade away if he owes money.

Be sure to place any balance on his credit report. The car finance people will really ding him on the interest rate of any new loan.

Re: Tenant moving out, not paying last months rent by jj (tx) on October 20, 2010 @16:40 [ Reply ]
agreed take a picture of the property inside and out using
a recent newspaper and save it. take an itemized list
from LLPA and then send it to him minus any repairs
not improvements to property.

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