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Re: tenant abandoned property - Landlord Forum thread 164949

Re: tenant abandoned property by Anonymous on November 3, 2008 @11:35

                              
Since he has not given you the keys and he notified that he is trying to sublet the unit, he has not abandoned the property.

Read the lease and your state laws (links to the right ---->). If he is in violation of the lease or laws (e.g. shutting off the utilities), send him a notification to cure violation. If the lease says he cannot sublet, include in the letter that he cannot sublet the unit.

He had an obligation to notify you that he was breaking the lease and moving out. On such written notification, you had an obligation to starting looking for a new tenant. Only if you found a new tenant would you have to return him any monies that cover the time the new tenant is living in the unit (you can't double dip).

Try negotiating with him. E.g say he moved out yesterday, breaking the lease and not giving you notice. He also cannot sublet the unit (or, maybe the lease says only with your approval, and you haven't approved). Tell him in exchange for the keys and written, signed notice from him that he has vacated the unit, you will give him one months rent back. Then you can start looking for a new tenant. When a new tenant moves in, you will return to him any overlapping rent (e.g. new tenant starts dec 1, old tenant gets dec rent back).

Good Luck

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