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Tenant left without returning keys - Landlord Forum thread 342728

Tenant left without returning keys by Anonymous (NJ) on February 3, 2016 @14:52

                              
I posted few days ago that lease expires on 2/29/16 but on 1/7/16 (not even 30days notice), T gave notice that she will move out by 1/31/16. We sent letter advising that lease does not expire til 2/29 and she will be responsible for Feb rent. Also, advised to inform us few hours ahead for move out inspection as we do not live there. Regular mail with proof of mailing was delivered and she refused to accept Certified mail which is returned to me and I have kept it unopened.
I texted her today (as she does not take calls or respond to text) asking for February rent, she said she has left based on her notice because she can not afford rent. I have only 500 dollars deposit. I responded back saying that we are not informed if she moved out and unit/keys are not returned so she need to pay Feb rent to avoid us filing in court which may affect her public records and credit.
I have not heard back. Per lease, if property is abandoned for 5 days, we can enter.
(1) I am planning to text her on 5th that we will enter on 6th as it seems abandoned. This way it will serve 24 hours notice.
(2) I am sure there will be damage. She was friend with other Tenants so i do not want and trust any of them as witness. What do I do?
(3) After I determine damage, I will take pictures etc and will write her sec deposit letter and will mail it before Feb 25th (per NJ, it should be within 30 days) to new address if she provides or letter to my property.
(4) If no body is there and no belonging is there on 6th, can we change the lock and take unit in our possession?
Pls advise if I am doing everything right or missing anything.
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Re: Tenant left without returning keys by Garry (Iowa) on February 3, 2016 @15:42 [ Reply ]
I responded 2 days ago to you. Today, go over there and post a 3 day notice to pay rent or quit. Send it also reg and certified mail. Do it according to your state's eviction laws. If no response, post a 24 hour minimum notice on her door this Saturday that you will be coming in on Monday to see if she is still there. You can go in then, but you cannot at this point do anything till your mailing time frames have run their course. By doing the 3 day notice, she will have complied with it by next Wed.------meaning she moved out, rather than pay the rent. Then take pics of every room just as you find it, of anything she left, and any damages. Then by Thurs. or Fri. if you determine she has moved out, you can change locks, and dispose of her stuff. By waiting a few extra days and giving the correct notices using the right time frames, you should be legally OK to take back your place, and get it ready to rent out again. BUT----if she is still there, then you need to start eviction procedures for your state to get her out. And quit texting and phoning her. Those methods may not be legal forms of communication in your state if you ever have to go to court and present evidence of communication. Letters and proof of mailings are always legal.

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