Re: Tenant pays 1 year rent then moves without notice

Re: Tenant pays 1 year rent then moves without notice by Stephen (Washington) on August 31, 2016 @14:46

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 Tracy Sharpe (Texas) on September 1, 2016 @08:26	[ Reply ]

Thanks for your reply. The property is located in Texas.

Re: Tenant pays 1 year rent then moves without notice - Landlord Forum thread 347776