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Tenant pays 1 year rent then moves without notice
by TRACY
on August 30, 2016 @12:42
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I have a tenant who signed a 1 year lease for a single family house. The husband and wife paid the entire year in full with their deposit. After 6 months into the lease, the tenants left without notice with all their personal property. I realized that they left the property when I noticed the lawn was not being maintained. I rang the doorbell and it did not make a sound. I then when to the neighbor's house next door and I was informed that they moved out. I checked the electric meter to see if the electricity was on and it was not. I knocked on the door then entered to find that all their personal property was gone. I have not rented the property yet or changed the locks because it has only been a day since I discovered it. Am I required to return the balance of funds even if I re-lease the property?
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Re: Tenant pays 1 year rent then moves without notice
by Patty (Florida)
on August 30, 2016 @12:50
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I think you need to do a formal eviction based on abandonment laws in your state to be on the safe side before you can legally enter into a new contract. If they are clearly gone, it's probably safe to start cleaning up and start showing the place while you get clear legal possession. But if there is ANYTHING personal property inside, walk away until you get the legal paperwork done. Turn on the power or cleanup the fridge, whatever needed to protect the property until you get access. It takes about a month her in Florida. I had to do this once, but had plenty of deposit to cover losses. Sounds like you do too.
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Re: Tenant pays 1 year rent then moves without notice
by Karen (Florida)
on August 30, 2016 @12:56
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Yes, I believe you have to refund any money that's not yours after deducting the costs for repairs & releasing. If you know where they are, it will save you some aggravation to get them to sign papers that they want to terminate their lease and pay them what is a fair amount AFTER you get a signed document and new tenants.
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Re: Tenant pays 1 year rent then moves without notice
by lamac66 (GA)
on August 31, 2016 @12:51
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Like previous poster say, start eviction process. Secure the property, based on it being empty and no sign of residency you have grounds to enter. Once you get settlement, get it ready to rent.
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Re: Tenant pays 1 year rent then moves without notice
by Stephen (Washington)
on August 31, 2016 @14:46
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As you did not mention what state you were in I looked up the requirements for my state, Washington. It is clear that the security/damage deposit needs to be returned within 21 days of learning of an abandonment. (RCW 59.18.280) It is also clear that the tenant is responsible for the lesser of a) rent for the rest of the lease or b) rent until the place is re-rented plus certain other costs. (RCW 59.18.310). But the abandonment section assumes that the tenant has stopped paying rent. So, since the tenant has not stopped paying rent, I believe you will have to do a lot of documentation to be able to prove to a court that the unit was abandoned just in case the tenant contests it (especially after you place a new tenant in there).
In regard to documenting abandonment I did find in a Google search a form (not official) to send to the tenant. It says that it appears that he has abandoned the premises and that if they are still in occupancy to notify the landlord immediately within two days (this has to do with 48 hour notice for entry).
In regard to when to return the balance of the rent, I would hold the pre-paid rent until the unit is re-rented and then refund the unused balance (less allowable charges).
For purposes of the 21 day clock for return of the security deposit, I would start the clock from the day you found the electricity off and unit vacant. This assumes that the documentation of the unit being abandoned takes only a couple days. That reduces any argument from the former tenant about when you were required to send your letter and check.
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Re: Tenant pays 1 year rent then moves without notice
by MrDan (GA)
on August 31, 2016 @16:25
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It really depends on the wording in the lease. Whether the lease states it was advance rent to be applied to future rent payment periods or an annual lease with one annual payment.
This would be something to run by your attorney to insure the correct action is taken.
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