Abandament

[Lexi]

If you have served eviction papers to a tenant, I know you cannot just go in and turn off their utilities, change the locks ect. without going thru the courts. However, this tenant is in the process of moving out, but we have not seen them and have gone a couple of times over a period of several days to their apartment and no activity has taken place. Everything is the same. I believe they have abandanded the apt. How long do you have to wait before you can change the locks and move their stuff out?

Thanks!

Lexi

If all items are gone you can do it now but must evict them if they claim to still be there in any way.

[OHlandlord]

If you have already served eviction papers on the tenant (actual eviction papers, and not just the pay or quit or unconditional quit notice), the best course of action is to let the eviction run its course. If you declare the place abandoned (not all states have an abandonment statute), they will certainly counter that they were just moving and had not abandoned the place. If you post your state, I will give you the statute on abandonment for your state and you can see if the conditions apply to your situation and if you can use it. If there is no statute for your state, I suggest you continue to evict. If you remove the items to storage (yes, you will still have to store the items for the state mandated period), they will claim that they did not abandon the place, and want to sue you for constructive eviction. Please post your state.

We are in the state of Missouri. There has been no indication of anyone coming and going. I put a note on their door 4 days go regarding something unrelated and the note is still there. When we recieved the electricity bills, their apt. was on there which indicates they have switched the electricity back to our name. If they still have stuff in there, we can bill them for the electricty can't we. All we have given them is a pay or quit notice.

Thanks!

[OHlandlord]

You are in luck. Missouri does have an abandonment statute (some states don't). The statute is under Missouri Revised Statute 441.065 of your stat's law. Look up this statute and see what the requirements are for determining abandonment and what notifications you have to provide to certify it abandoned. Here, I post a 24 hour notice and go in to inspect. I look for edible food in the fridge, a bed, a TV, personal items (like shampoo/toothpaste, etc.), utilities shut off, etc. I photograph and document the evidence. Then I post a notice on the doors and mail one to the address that states I will declare the unit abandoned within 7 days if not contacted. After that I remove any items to storage (for 30 days) and re-key the locks. Clean up and re-rent.

When you account for the deposit you can charge them rent until you retake possession (since they have returned no keys, right?), utilities used until that time, cleaning fees, fees to remove and store their belongings, and any actual damages to the unit that need repaired. Bill them for any overage from their deposit. Make a statement to this effect and mail to their last known address. When the letter arrives there, file it away unopened in their file for any future challenge in court. Oh, and check the water bill now. Many localities charge the water bill back to the property owner if the tenant doesn't pay it (either by lien against the house or by adding it to your property tax bill). Check to see if the local water or heating company does this and, if so, what is the outstanding balance. You can deduct that from the deposit too.

Personally, I'd go in and inspect now. Make sure minimal heat is on, lights are off, etc. If these are on your tab, no reason to let the bills climb. Good luck.