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Help - Landlord Forum thread 355152

Help by Anonymous (California ) on November 19, 2017 @07:42

                              
Tenant lease ended and was given a notice to vacate. Tenant refused to pay rent for the remaining days of living on the property so a 3 days notice to pay or quit was sent. Those 3 days are up and it seems like tenant moved out but they didn't return the keys nor confirmed to me that they moved. Should I file for an eviction or what's my next move?
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Re: Help by Garry (Iowa) on November 19, 2017 @11:40 [ Reply ]
What makes you think that it "seems" like the tenant moved out? No communication between the two of you, does not mean the tenant has moved. Post a 24 or 48 hour notice on their front and back doors, that you will be coming in on a certain date and time, to check to see if they have moved out. Take a witness with you when you go in. Once you see the inside, you will need to determine if the T has actually moved out.
Look for things that are missing from a persons daily living activities, rather than what is still there. Are beds, dressers, and clothes gone from the bedrooms? Are most of the bathroom toiletries gone? Living room furniture gone? What about food in the refrigerator or in kitchen cupboards? Are plates, silverware, etc, still there, or missing?
Did you call the utility companies to see if the T had them taken out of their names? Did you talk to next door neighbors to see if they saw anyone moving out? Whatever you find, you and your witness will need to decide if the T has actually moved out or not. If most of the daily living items are still there, you need to file for eviction. But if the T greets you at the door, obviously they are still living there, so file away.
Re: Help by Manish on November 19, 2017 @15:28 [ Reply ]
The tenants lease ended and was given notice to vacate...was this a month to month or a lease?

You gave your tenant a "pay or quit" notice after giving them a lease termination letter...this is bad procedure, as you have nullified the termination letter, which could allow the tenants to continue renting. Good thing they moved out?

After the three day notice is up, you may proceed to investigate whether or not the tenants have left. If they have left, determine any damages and get your security settlement statement out within 21 days. If the tenants owe a large sum of money for unpaid rent and damages. You may wish to file an eviction so that it will show up on their credit reports. If they have not moved out, you can file for an eviction or if you believe they left any of their stuff behind, may post a notice of "abandonment" and wait the required number of days (15) to take possession. The return of keys and notification means little, as the landlord needs to verify whether or not the tenant has vacated.

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