Tenant Abandoned Townhome - Landlord Forum thread

Tenant Abandoned Townhome by Fred (MN) on June 11, 2012 @16:14

I was going back and forth with a tenant about early lease termination penalties. He informed me in April he was moving out and paid May and June rent on time like he always has. I've had no issue with this tenant, he just said he got another job in another state and wanted to move.

I used to live in this townhome and still know the neighbors. I ran into them last week and mentioned the tenant moved out over the weekend. I tried calling and have left voicemails, emails, etc., but nothing's returned. I was curious to see if he did move out and posted a 24 hour notice to enter. Lo and behold, the keys and garage door openers appeared via UPS with delivery confirmation that day. I entered and it was very well cleaned (probably better than what I rented it to him in) and nothing is left in the unit. The only problem is his lease is through October of 2012.

So now what do I do? I can't re-rent until October 1 due to HOA laws. I can attempt to persuade them to let me re-rent, but I know people have been unsuccesful in the past. I think I know what state he went to, but don't have a forwarding address, though I can likely get that from the USPS. Do I take him to court over the remainder of his lease? If so, how do I serve him? He was a great tenant, I'll admit, but now I'm without rent likely for July, August, and September.

Anyone had this happen and have advice on what to do with an abandoned place in Minnesota? Thanks for your help.

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Re: Tenant Abandoned Townhome by Anonymous on June 11, 2012 @16:55	[ Reply ]

Your situation is a little tricky because of the HOA rules and the fact your tenant moved out of state without providing a forwarding address. First, you need to deal with the security deposit. Check with your state rules and see if you can hold it for rent owed. Some states don't allow for it and strictly limit it to only physical damages to the property. Either way, you will need to send him a settlement letter or a check for the deposit minus damages with a settlement letter via certified mail to last known address (your townhouse in this case) if withholding any portion of the rent. Your state has a specific timeline for you to complete that by and if you don't comply the tenant can sue you and collect for more that what the amount of the security deposit is. Second, contact your HOA and explain the situation. Since you have only 3 months left in the term they may cut you a break and allow you to re-rent since 75% of the year term has past. Most likely, you are looking for an August move in date after advertising, screening and completely qualifying a new tenant. July is possible but depends on when you get the go ahead from the HOA. If you are allowed to keep the security deposit towards rent owed on the lease and your HOA allows you to re-rent sooner, you damages of lost rental income can potentially be mitigated so you are not out any income or very little. If you are not allowed to keep security deposit or cannot rent the unit due to HOA or because potential tenants aren't qualifying, you can pursue your tenant in small claims court for the remain months of the lease or a portion of it-some judges will award only up to two months if you have not found replacement tenants. You will have to find his address and have him serve out of state at your cost. Then you will have the court date and if a judgement is granted in your favor, you will have to begin the process of collection which doesn't guarantee you will see the money in your pocket anytime soon. So, you will have to weigh what your loss actually becomes and the effort and cost of pursuing it in court for an out of state tenant.

Re: Tenant Abandoned Townhome by Anonymous on June 11, 2012 @17:53	[ Reply ]

Here's a thought. If the HOA will not work with you on this, what's the penalty for re-renting prior to October? If it's some sort of a monthly fine, it might make sense to take the penalty for a couple of months.