Tenant abandonment - Landlord Forum thread

Tenant abandonment by Sandy (North Carolina) on July 5, 2012 @18:52

I have tenants that did not pay the rent and said they would be out by monday. They do not live on my property anymore and have been gone for more than 3 weeks. But they left a lot of personal property and PETS(!) outside of the house and have not surrendered the keys. They left the doors unlocked and have stolen my appliances, but the power is still on. The sheriff said not to go inside, to go to a lawyer and then file a report about the stolen items, which i intend to do. My lease has a an abandonment clause in it saying if they are gone for more than seven days, i can retake posession of the house. I cant find any laws regarding this and i dont want to do anything wrong. Does anybody know what i can do in this situation?
Thanks!
Sandy

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Re: Tenant abandonment by Ron (Tx) on July 5, 2012 @19:09	[ Reply ]

Spend the time and money to do a proper eviction. This will cover you and also put an eviction on the ex-tenants record.I used to worry about being to one responsible for an eviction on someones record. Then I realized they caused it not me and they don't care about the money you lost.

Re: Tenant abandonment by Jake on July 5, 2012 @19:49	[ Reply ]

First of all, go over now and change the locks. You have to leave a posting on the door telling what hours and days of the week a duplicate key will be available. It can be limited to business hours. Are the utilities still on? Are the pets being fed and watered? If the property still has tenant belongings and the key has not been surrendered, the rental has not been abandoned. When you change the locks you need to post a Pay or Quit notice on the door. Also post a 24 hour notice to enter. Acquire the eviction papers and fill them out now. Immediately after your P/Q notice expires serve your eviction notice to the rental address by certified mail. These steps must be done without delay. If you see your tenants, get a forwarding address as you will need it later to send the settlement statement. As a last resort, you can gather up the tenant belongings, take them to a storage unit and pay one months rent. Send a certified mail to advise the tenants. You may deduct this expense and the lock change from the deposit. If the pets are neglected, call and report the animals as abandoned to whatever authority in your area takes these kinds of calls. About the Sheriff...he is giving you bad advice because he does not want to deal with you. Why would you report a crime to a lawyer? Go back to the Sheriff and tell him he needs to take your criminal report and make and investigation.

Re: Tenant abandonment by Betty L on July 5, 2012 @21:13	[ Reply ]

You need to post a statement that you believe the rental property is abandoned and after ten days the landlord will considerate abandoed under NC laws. 'A presumption of abandonment shall arise 10 or more days after the landlord has posted conspicuously a notice of suspected abandonment both inside and outside the premises and has received no response from the tenant.' Your 7 day notice conflicts with your state law.It must be 10 days.

Re: Tenant abandonment by Bryan (Ia) on July 6, 2012 @00:58	[ Reply ]

Depends greatly upon your state's laws. In my state, the law is silent and therefore the definition of abandonment must be defined in the lease.

Re: Tenant abandonment by Anonymous on July 8, 2012 @02:41	[ Reply ]

what kind of pets? I would make sure the pets have water and some food, go lock the doors, and post a repair notice to enter after 24 hours. When you do enter, ask the sheriff to sent an officer to enter with you, get pictures, and see that a police report is filed concerning the theft.....