Surrender question - Landlord Forum thread 357709

Surrender question by robert (texas) on June 11, 2018 @18:23

I informed my renters in March that there lease ending June 30th would not be renewed. They rented a new place and moved out of my property on may 15th, with no notice sent to me the landlord. I was made aware by neighbors sending me pictures of a U haul moving truck in front of the house.I live in NC, but had taken a trip to the Dallas area and went to the property to find the yard overgrown and dry from not being watered.
The house was also empty and the utilities had been turned off.

I contacted the renters and they responded that they have moved out of the property and wanted to apply their security deposit for last months rent. After alot of back and forth, I told them they could not do that and regardless of occupying the house, there needed to be utilities and they were responsible for the rent. I further relayed, that once they no longer had access, I would be able to asses the property and address the deposit question, lease states landlord has thirty days They said they would leave the keys on Monday 28th. I checked the property on the 29th and the keys were not there. there lease states that;

(1) “Normal wear and tear” means deterioration that occurs without negligence, carelessness, accident, or abuse.
(2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devises that Landlord provided to Tenant under this lease. (3) “Abandonment” occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord’s reasonable judgment; (b) tenant is in breach of his lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that the Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door.

As they gave notice they have moved out and there is no one living there, wouldn't that fulfill the terms of considering the property "Surrendered"?

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Re: Surrender question by Anonymous on June 11, 2018 @19:02	[ Reply ]

I would think the answer you are looking for would depend on if you plan on chasing the money's owed from rent and damage that the tenant left. If you aren't chasing the money. Them do repairs and change the locks.

Re: Surrender question