The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  

Landlord Newsletter: Tenant Abandons the Property



















Look-up Associations
Attorneys
Businesses
Classifieds
Realty Brokers
Rentals Available
Rentals Wanted
Tips & Advice
Tenant Histories

Other Areas Q&A Forum
Landlord Tenant Law
Essential Forms
Free Forms
Credit Reports
About Us
Help




































Look-up Associations
Attorneys
Businesses
Classifieds
Realty Brokers
Rentals Available
Rentals Wanted
Tips & Advice
Tenant Histories

Other Areas Q&A Forum
Landlord Tenant Law
Essential Forms
Free Forms
Credit Reports
About Us
Help

The LPA Newsletter,
October - November 2005




Interested in past LPA Newsletters?
Feel free to view the Landlord Newsletter Archive


Dear Fellow Landlord,

This month in The LPA Newsletter, we have a Special Report by Attorney William Bronchick about a common topic we often see in the Landlord Q&A Forum:
What to Do if a Tenant Abandons the Property. I found this article informative and useful for those landlords whose tenants just leave the rental and things in it without making arrangements to move out.

  • Also, check out the latest Success Quotes !
  • Why is this newsletter October - November 2005? *

    Please e-mail us if you have any questions or would like to add or share any material / information. I hope you had a nice Thanksgiving and that your tenants treat you well throughout the holiday season.
    John Nuzzolese
    John@theLPA.com




    ***********************************************



    LANDLORD SPECIAL REPORT:


    What to Do if a Tenant Abandons the Property


    by Attorney William Bronchick, Legalwiz.com

    Have you ever had a tenant leave in the middle of the night or the middle of an eviction?  Did you ever wonder what to do?

    Basically when a tenant abandons the property, you do not need to file an eviction or wait for the sheriff.  You can change the locks.  As for the tenant's stuff, in most states you can simply toss it.  You should check your state or local law to see what your legal obligation is to store the items for the tenant.

    HOWEVER...

    If you are not certain whether the tenant has abandoned the property, you should not change the locks.  If you have the keys, you could enter the premises, but KNOCK FIRST.  Whether or not the tenant has abandoned is often a judgment call, looking at a combination of factors, such as:

    • Did the neighbors see them move?

    • Are the utilities shut off?

    • Did the tenant put in a change of address at the post office?

    • Is there any significant furniture left?

    • If you have access, are there sheets on the beds?

    In some cases, the tenant has been arrested or is in the hospital, which would explain why he hasn't been around.  Or, maybe the tenant has moved, but left behind some furniture to pick up later on.  Even if the tenant is not sleeping there, they are still "in possession" if they have their personal belongings in the unit and have not shown an intent to abandon these items.

    Some states have specific laws regarding PRESUMPTIONS of abandonment.  For example, Connecticut law states:

    Sec. 47a-11b. Abandonment of unit by occupants. Landlord's remedies.
    (a) For the purposes of this section, "abandonment" means the occupants have vacated the premises without notice to the landlord and do not intend to return, which intention may be evidenced by the removal by the occupants or their agent of substantially all of their possessions and personal effects from the premises and either

    (1) nonpayment of rent for more than two months or
    (2) an express statement by the occupants that they do not intend to occupy the premises after a specified date.

    You can find a state by state guide to landlord tenant law by clicking here. If you do intend to claim abandonment, take pictures, gather evidence and cover all bases to prepare for a possible wrongful lockout claim.  If you have ANY doubts, call your landlord-tenant attorney and do the proper legal eviction proceeding.


    The Landlord Protection Agency would like to thank William Bronchick for supplying the article above.

    About the author...
    William Bronchick, Esq. is an author and attorney who regularly presents workshops and do-it-yourself seminars at real estate and landlord associations around the country. He is the president and co-founder of the Colorado Association of Real Estate Investors. Bill specializes in all forms of asset protection and is the author of several great home study courses.

    Read more articles by William Bronchick at Legalwiz.com.


    Printer Friendly Version of this Article



    ***********************************************

    Landlord Tip:

    When screening an applicant, ask for a copy of a picture ID or drivers license. Make sure the person in front of you is the same person on the application and credit report.


    ***********************************************


    LPA Membership Expiring?
    Take Advantage of the Renewal Prices!

    How to Check your LPA Membership Expiration Date:
    1. Be logged in with your LPA username & password
    2. On the "Main Menu" (top right), click on "Your Orders" (right below your name)
    3. The beginning date of your membership will be listed to the left of your membership order # in this format: YYYYMMDD


    NEW! Save Money with our Promotional Membership Renewal Prices!
    *Your Membership Expired? No Problem!



    ***********************************************

    Quotations...


    eleanor roosevelt quotes Yogi Berra quotes Thomas Edison quotes Benjamin Franklin success quotes



    "There are no secrets to success. It is the result of preparation, hard work, and learning from failure." - Colin Powell

    "I've always followed my father's advice: he told me, first to always keep my word and, second, to never insult anybody unintentionally. If I insult you, you can be goddamn sure I intend to. And, third, he told me not to go around looking for trouble." - John Wayne

    "Sometimes when you look in his eyes you get the feeling that someone else is driving." - David Letterman

    "How much did your last tenant problem cost you?"
    - John Nuzzolese

    A Way of Being
    - Gary Link, Attorney at Law

    ***********************************************

    Books by LPA Members

    The Landlord Protection Agency is proud to promote the following landlord books written by LPA Members, Timothy Spangler, Tony & Sandy Midea and Dan Auito. Just click on the book for more information about it.

    real estate investing, landlord books








    ***********************************************


    LPA Membership Expiring?
    Take Advantage of the Renewal Prices!

    How to Check your LPA Membership Expiration Date:
    1. Be logged in with your LPA username & password
    2. On the "Main Menu" (top right), click on "Your Orders" (right below your name)
    3. The beginning date of your membership will be listed to the left of your membership order # in this format: YYYYMMDD


    NEW! Save Money with our Promotional Membership Renewal Prices!
    *Your Membership Expired? No Problem!



    ***********************************************

    Make money as an authorized LPA Affiliate!


    Earn a 10% commission on all orders placed with The Landlord Protection Agency by customers that you refer to us!

    You get paid for each order placed through your specially coded internet address for The LPA site!
    How many landlords do you know?

    Join The LPA Affiliate Program!




    ***********************************************




    SPECIAL BONUS
    for New 2 -5 year LPA Members

    This offer also applies to 2-5 year Membership Renewals!
    Check out our low renewal prices
    *Your Membership Expired? No Problem!


    ***********************************************


    landlord books, landlording, landlord information, landlord tenant law, evictions



    ***********************************************


    The LPA's

    Free Bonus for all LPA Members.... Click for more information.
    ***********************************************

    * Why is this newsletter October - November 2005?

    The LPA site underwent a much needed hosting transfer to our new host, Endpoint Corp. in October. Before that, you may have noticed how often our site experienced downtime and server timeouts. Since the upgrade and hosting change we've been up continuously. You may have noticed we now have a Q&A forum search feature. So, please stay tuned to The LPA for more new and exciting features to come!

  • Check-Out
    Log in


    In This Issue

    LPA Links


    LPA Newsletter Archive


    Credit Reports

    Reporting to Credit Bureaus

    Free Forms

    Q & A Forum

    Landlord Tenant Law

    Excuses

    Renewals

    Books

    Advertise


    Contact The LPA

    © 2000-2019 The Landlord Protection Agency, Inc.



    Home | About The LPA | Contact Information | LPA Membership | Landlord Q&A Forum | Free Forms | Essential Forms | Credit Reports
    E-mail a friend about TheLPA | Free Email LPA Newsletter | LPA FAQ | HELP using this site