 Abandonment (by Rich [RI]) Aug 6, 2009 3:35 PM
 Abandonment (by JAR [KY]) Aug 6, 2009 3:47 PM
Abandonment (by Gwen [IN]) Aug 6, 2009 4:39 PM
Abandonment (by Rich [RI]) Aug 6, 2009 5:05 PM
Abandonment (by Rich [RI]) Aug 6, 2009 5:09 PM
Abandonment (by x [X]) Aug 6, 2009 5:23 PM
Abandonment (by Mike45 [NV]) Aug 6, 2009 5:34 PM
Abandonment (by Irish [MD]) Aug 6, 2009 9:23 PM
Abandonment (by Rich [RI]) Aug 7, 2009 2:22 AM
Abandonment (by Mike45 [NV]) Aug 7, 2009 11:15 AM
Abandonment (by Rich [RI]) Posted on: Aug 6, 2009 3:35 PM
Message:
State Specific Question About: RHODE ISLAND (RI)
I just found out from talking to neighbors that my tenant has moved out without notifying me. I went to the house today to see why I hadn't received the check for August. How do I go about taking posession? I am unable to contact the tenant. Can I post a notice that I am entering the property with say a 48 hour notice? Should I notify the local police what I am doing to avoid any B&E issues? I was going to serve the tenant with the non-renewal notice anyway (mtm lease) since I've been having issues with him. I not looking for revenge, I just want to get my house back so I can clean it up and get it rented again.
Thanks for any and all advice. --68.229.xx.xxx |
Abandonment (by JAR [KY]) Posted on: Aug 6, 2009 3:47 PM
Message:
You got your house back when the party moved. Clean it, rent it, and sue. --4.252.xx.xxx |
Abandonment (by Gwen [IN]) Posted on: Aug 6, 2009 4:39 PM
Message:
Must be something in the water. I just had the same thing happen also.
--162.119.xx.xx |
Abandonment (by Rich [RI]) Posted on: Aug 6, 2009 5:05 PM
Message:
Here's what I'm thinking. The laws in RI would basically have me waiting like 15 days + another week before I can attempt to re-rent. I do have a damage deposit from the tenant and technically if I say the DD is for August rent I'm sort of stuck. I am thinking to approach the tenant (via messages on his cell, note on the house) to say look, leave by this weekend, leave the house in decent shape and I'll give you half the deposit back (about 600). This way I'd have the place and can get it ready for next month instread of having to wait until the end of August to get it ready. Peaking through the windows as best I could the house doesn't look too bad. I was thinking of painting anyway and know I have some lead related work to take care of for the lead inspection (can't have flaking paint etc even though all is lead-free). What do you all think about this? I don't want it to go empty for 4 months like it did last time. --68.229.xx.xxx |
Abandonment (by Rich [RI]) Posted on: Aug 6, 2009 5:09 PM
Message:
Here's what I'm thinking. The laws in RI would basically have me waiting like 15 days + another week before I can attempt to re-rent. I do have a damage deposit from the tenant and technically if I say the DD is for August rent I'm sort of stuck. I am thinking to approach the tenant (via messages on his cell, note on the house) to say look, leave by this weekend, leave the house in decent shape and I'll give you half the deposit back (about 600). This way I'd have the place and can get it ready for next month instread of having to wait until the end of August to get it ready. Peaking through the windows as best I could the house doesn't look too bad. I was thinking of painting anyway and know I have some lead related work to take care of for the lead inspection (can't have flaking paint etc even though all is lead-free). What do you all think about this? I don't want it to go empty for 4 months like it did last time. --68.229.xx.xxx |
Abandonment (by x [X]) Posted on: Aug 6, 2009 5:23 PM
Message:
Why wait. I think I hear water running. You have the right to enter your property at any time if you think there is an emergency. Water running can be an emergency. --64.12.xxx.xx |
Abandonment (by Mike45 [NV]) Posted on: Aug 6, 2009 5:34 PM
Message:
I would not pretend that there is an emergency. I would post a notice on the front door saying "I'm coming in to inspect and change A/C filters and test smoke detectors on Sunday, August 9 at 11:00 a.m." I'm not sure about RI, but most states seem to allow non-emergency entry with 24 - 48 hours notice.
I would then knock a LOT on Sun at 11:00 a.m. If no response, I would go in. If the inspection leads you believe that the tenant is in fact out (i.e., the place has been emptied out), I would look very hard for a set of keys that the tenant might have left on the kitchen counter or someplace like that.
Most of us agree that if the T left the keys for you, that is a turning over of possession back to you.
So if the T is in fact out, find that set of keys and forget about an abandonment suit. Just get the place cleaned and re-rented.
Do NOT forget to give an accounting of the Security Deposit and to refund anything that the T might be entitled to, after you deduct for the unpaid rent and repairs and cleaning. Unpaid rent includes August rent, up until the place is rented out again.
--216.175.xx.xxx |
Abandonment (by Irish [MD]) Posted on: Aug 6, 2009 9:23 PM
Message:
Abandonment is often a very cloudy issue...some state's LL-tenant laws address it, some do not...
I agree with the 24 hr notice to enter...
The cloudy issue is if they have left personal property in the rental, and how to handle that...
Some states require by statute that the LL must store that property for xx days...
A local MD LL buddy of mine defines abandonment...if they did not leave a mattress, toothbrush and a fork..then he treats it as abandonment...but you have to enter and judge for yourself on any contents left behind..not by what I have offered....use commen sense...with precautions...
Click on the link at the top of the page for Landlord/Tenant State Laws to see if the link gives you better info... --70.16.xxx.xxx |
Abandonment (by Rich [RI]) Posted on: Aug 7, 2009 2:22 AM
Message:
RI law does have some fairly well spelled out guidelines for handling abandonment, which is why I want to offer the tenant some incentive to cleanly turn it over to me. I will be going in Sunday regardless via the 48 hour notice deal. I hoping the guy's not a stupid bag-o-dirt and will take my deal and get out fully now. If I go the full RI law route, I wouldn't be able to take posession until nearly the end of the month and I have at least a couple of weeks work to do on the house before a re-rent. --68.229.xx.xxx |
Abandonment (by Mike45 [NV]) Posted on: Aug 7, 2009 11:15 AM
Message:
Rich, if everything has been moved out, and if the keys were left for you on the kitchen counter, there is no abandonment issue. It is surrender situation.
--216.175.xx.xxx |
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