tenant abandoment (by Glenn [PA]) Mar 23, 2016 1:18 PM
tenant abandoment (by Mike45 [NV]) Mar 23, 2016 1:42 PM
tenant abandoment (by JR [ME]) Mar 23, 2016 1:49 PM
tenant abandoment (by Lana [IN]) Mar 23, 2016 1:58 PM
tenant abandoment (by Kyle [IN]) Mar 23, 2016 3:12 PM
tenant abandoment (by Ray-N-Pa [PA]) Mar 23, 2016 3:31 PM
tenant abandoment (by AllyM [NJ]) Mar 23, 2016 6:14 PM
tenant abandoment (by matt_pa [PA]) Mar 27, 2016 11:47 AM
tenant abandoment (by NE [PA]) Mar 27, 2016 11:52 AM
tenant abandoment (by NE [PA]) Mar 27, 2016 11:56 AM
tenant abandoment (by Blue [IL]) Mar 27, 2016 1:37 PM
tenant abandoment (by Glenn [PA]) Posted on: Mar 23, 2016 1:18 PM Message:
State Specific Question About: PENNSYLVANIA (PA)
Hello, Our tenant moved-out without notice. According to social media, our tenant moved to Florida. The house and attic are full of their furniture/belongings absent some personal things. Nothing in the home seems to have any value. They did not pay their March rent and have not responded to calls/texts. The mailman said their mail is not forwarded. Is our only course of action to file in district court for possession? Do you know how long the process takes and how long we must hold their possessions? Any suggestions would be appreciated. Thank you. --98.211.xxx.xx |
tenant abandoment (by Mike45 [NV]) Posted on: Mar 23, 2016 1:42 PM Message:
I do not know about PA law, but in NV, I would post and mail a Notice Of Belief Of Abandonment. After 5 days (really 7 days or more, because we don't count weekends and holidays) of non-response, the property is deemed abandoned and I can take possession. [If the tenant responds, that is a whole other story. That is why I will serve a Five Day Notice at the same time.]
Then, I have to serve a notice re the personal property, and store their stuff for 30 days from the date of the abandonment.
That is NV. I don't know PA. I hope someone will post here about the PA process.
--76.3.xxx.xxx |
tenant abandoment (by JR [ME]) Posted on: Mar 23, 2016 1:49 PM Message:
I am sure the legal answer is go the formal eviction route. What I would do as a matter or practicality would be:
1. Leave note on door in envelope stating that the premises appear to be abandoned and you will be returning in 48 hours and to contact you immediately
2. Assuming no contact, go back in two days, let yourself in. Take many photographs of tenant's belongings "that have no value" (bet that's no exaggeration that all they left behind was junk!)
3. Take a good hard look around? Is there evidence of abandonment? For example, toothbrushes, cell phones, wallets, etc gone? Have the utilities been disconnected? I can call in my town to inquire how the electric, water and sewer bill status is.
4. If all the above points to your tenants having abandoned the house and moved to FL, I would hire my grunt guys to THROW IT ALL OUT. FIx up and recent. There will be those on here that will wail and moan about lawyers and lawsuits, but let me tell you, these folks are never coming back again for their junk and you will be just fine.
--192.159.xxx.xxx |
tenant abandoment (by Lana [IN]) Posted on: Mar 23, 2016 1:58 PM Message:
In this situation, I frequently go through an eviction and get a writ of possession or at least a judgment. They aren't going to show up, so you get a default judgment. My court moves fast though. Since my last tenant who did this apparently left for Texas, I also started cleaning stuff up while I got the eviction. It feels good to leave a footprint on their credit report. --152.131.x.xxx |
tenant abandoment (by Kyle [IN]) Posted on: Mar 23, 2016 3:12 PM Message:
I would post an abandonment notice on the front door. "This property looks abandoned, call within 24 hours or locks are changed and everything disposed of". I would also file for eviction. If I didn't hear from the tenant in 24 hours, I would change the locks and start going through the stuff. Throw out trash, store personal property for 90 days. --73.146.xxx.xxx |
tenant abandoment (by Ray-N-Pa [PA]) Posted on: Mar 23, 2016 3:31 PM Message:
If they left the keys or if you completed the eviction process, our state does have a specific abandoned property law since 2014. Neither one of those situations apply so there isn't guidance without the eviction getting completed.
With the eviction completed, you need to give the tenant a notice stating that they left behind some personal property. That you will store the items at no cost for 10 days. If they do not contact you within that period, then you will proceed with disposing of all left over items.
If they do contact you during that period you must store these items at that point, at their cost, for up to 30 days. At the end of the 30 days, you are free to dispose of the items.
These are state specific requirements from PROA.
--24.154.xx.xxx |
tenant abandoment (by AllyM [NJ]) Posted on: Mar 23, 2016 6:14 PM Message:
What kind of people do that? Are the fleeing from something? Was it a couple? Any kids? Younger or older? --73.33.xxx.xxx |
tenant abandoment (by matt_pa [PA]) Posted on: Mar 27, 2016 11:47 AM Message:
In PA the worst thing you can do is change the locks prematurely. An attorney will take that case without a retainer because the tenant can sue for damages and legal fees.
If they are in Fla. anyway, why change the locks now? don't change the locks until you have all the work done and it rented. Proceed with getting it ready to rent,at the same time-proceed with the eviction and possession.
TAKE PICTURES OF CONDITION AND CONTENTS before you do anything. Throw out the trash, on site store usable contents (move into one room) A Judge gave me this advice when a similar situation happened to me. --73.165.xxx.xxx |
tenant abandoment (by NE [PA]) Posted on: Mar 27, 2016 11:52 AM Message:
In a case like this, if you're pretty sure they are gone, this is what I would do.
I would change the locks and put a note on the door stating
you believe the property has been abandoned. On the note I would write for the tenant to contact me at a phone # if this info is incorrect.
I would then go through the eviction process. If you don't have a waiver of notice to quit in your lease, post a 10 days notice to quit.
Then follow through with eviction. --70.192.xxx.xxx |
tenant abandoment (by NE [PA]) Posted on: Mar 27, 2016 11:56 AM Message:
I understand what Matt says about not changing locks prematurely. I had a tenant in jail, I knew she was in jail. There were vagrants in the house. I went over there, told them basically to get the ____ out of my house. I then changed the locks to protect my property.
You have to know the exact details of the situation.
Sometimes when we're driving, we break the speed limit. Sometimes we pass on double yellow lines.
Sometimes we get pulled over, most times we don't.
Do what you need to do to protect your property. Don't go beyond your comfort zone. --70.44.xxx.xxx |
tenant abandoment (by Blue [IL]) Posted on: Mar 27, 2016 1:37 PM Message:
I have an abandoent clause in my lease. Also, contacted a lawyer about this exact problem. He said if the power is off and all their personal belongings have been removed especially tooth brushes in personal care items consider the place abandoned.
In my particular instance, I just piled everything into the middle of one room, got all my prep ready for the turnover and when they did not contact me by the time that was done, I threw it all out --75.132.xxx.xx |
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