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Tenant abandonment is not very common in the rental industry, but it does happen. They leave the rental property, sometimes along with their personal belongings. This can be a tricky situation to resolve, and failing to abide by the necessary landlord-tenant laws can land you in a stickier situation.
There are steps you need to take and situations you need to assess first, as assuming abandonment is not enough to reclaim a unit. Listed below are what you have to do to protect yourself, your rental property, and your tenant.
Key Highlights:
- Tenant abandonment in Tennessee is uncommon but legally complex, requiring landlords to follow strict state laws before reclaiming a unit.
- Landlords must confirm abandonment through multiple indicators, such as unpaid rent, lack of communication, inactive utilities, and neighbor or emergency contact confirmation.
- A formal Notice of Abandonment is required, with Tennessee law generally recognizing abandonment after 30 days of absence or 15 days of nonpayment.'
- Proper documentation, property inspection, and lawful handling of abandoned tenant property are essential to protect against future disputes
- Avoiding abandoned rental properties starts with strong lease agreements, thorough tenant screening, healthy landlord-tenant relationships, and compliance with state and local laws.
Ways to Confirm Tenant Abandonment
Check the Payment Transactions
The first thing you need to check would be records of unpaid rent, which might not be evident if you have multiple tenants. The transaction history will provide a timeline of when your tenant last stayed in the rental unit and paid rent. You will need to gather as much information as you can for a smoother transition to a new tenant.
Reach Out to the Tenant
It's common courtesy to provide the tenant with a chance to explain the situation. Their absence may be temporary, brought on by unforeseen circumstances. This way, you can negotiate a deal regarding the unpaid rent that lets them keep the rental unit, saving you from the trouble of finding a new tenant.
Check if the Utilities are On
There's more than one way to check if the utilities are being used. Remember that you can't just enter a rental unit without the tenant's permission, whether there are signs of abandonment or not. Track electric or water meters for any usage or disconnected utilities. If the utility bills fall on the tenant, contact your local provider to learn whether they have settled their dues or not.
Ask Around
If anyone ever notices that your tenant has not been coming home, it will be the neighbors. You can ask them the last time they saw your tenant, which creates a clearer timeline for you. You may also reach out to the emergency contacts your renter may have listed to confirm if they're okay or not.
How to Reclaim the Rental Unit
Once you have done everything you can to reach out to your tenant, you can begin the process to recover the abandoned property while abiding by state and local laws.
1. Send a Notice of Abandonment
You can begin the legal process by first issuing a proper notice, outlining how much the tenant owes in missed rent payments. Send the written notice through certified mail, as this helps you keep detailed records for tenant abandonment proceedings.
As per state laws, tenant abandonment requires them to be absent from the premises for 30 days or more. If the tenant stops paying rent, the specified period before filing becomes reasonable is 15 days.
If you're unfamiliar with handling abandoned property, seek legal advice, especially since there are laws in place regarding lease termination, handling a tenant's personal property, and more.
2. Assess the Property
Tenant abandonment is the equivalent of neglecting maintenance. You will need to conduct thorough inspections of the rental property to ensure that there is no damage that may need repairs.
Include the tenant's abandoned personal property in the documentation through photographs, videos, and detailed descriptions for future claims. State law requires the tenant to claim their personal belongings within 30 days after a notice has been issued. Otherwise, the landlord may sell or dispose of the tenant's property.
3. Prepare the Property for a New Tenant
Once you've identified issues that need to be resolved, you can start working on the abandoned property by collecting the tenant's belongings and placing them in safe storage. You may even charge the renter storage fees to keep their abandoned belongings.
Deep cleaning, replacing damaged furniture, and patching up scratches and holes would be next. You can charge the tenant for repairs beyond normal wear and tear, as well as cleaning services, but you need to create and send an itemized list of all the charges you made and send it to their last known address, as per local laws.
How to Prevent Tenant Abandonment?
- For one, create a comprehensive lease agreement outlining the consequences of tenant abandonment. If you already have clauses in place, you can modify them regarding an extended period for absences before a property is considered abandoned.
- Foster a healthy landlord-tenant relationship so your tenant feels safe and welcome. One of the main reasons tenants leave rental properties is because they don't like the landlord or property manager, or because they do not address tenant concerns.
- Learn about the state and local laws, along with tenant protections, to avoid violating them. When drafting a lease agreement, you can consult a legal professional to ensure you're following all rules.
- Be meticulous with the tenant screening process and use effective criteria, which can include credit, criminal history, eviction history, and employment checks.
Tenant Abandonment FAQs
When can rental owners enter a potentially abandoned property?
- Local laws state that a Notice of Abandonment has to be filed first, and the landlord should make reasonable efforts to reach the renter. If the tenant does not respond within 10 days, the landlord can take possession of the premises and re-rent the property.
Can landlords keep the security deposit when a tenant abandons the rental property?
- Yes, but only after the landlord sends a notification to the last known or reasonably determinable address of the refund due. If there has been no response after 60 days from sending the notification, the landlord can keep the security deposit free of claims.
What can rental property owners do about personal property left by the tenant?
- If the tenant leaves personal property, they have 30 days to claim it after the Notice of Abandonment has been received. If not, then the landlords can sell or dispose of the tenant's abandoned property.
Can I use the security deposit to recover unpaid rent?
- Yes, as long as it's in the lease or rental agreement, and you provide an itemized receipt of the charges.
How a Property Manager Can Help
Having your property abandoned is significantly avoidable through proactive measures, such as clear lease agreements, thorough tenant screening, and effective lease enforcement. However, it's understandable how these may all be overwhelming for just one person, especially if you have more than one tenant.
This is where Green Tree Property Management can help. We have the experience and expertise needed to follow proper legal procedures to avoid illegal evictions, along with the handling of the tenant's abandoned belongings, should the need arise.
Our services go beyond tenant abandonment, and we can help you maximize your rental income, so let's talk!
