I had a tenant that was one month behind on rent. Before I was able to file an eviction, they just moved out. I have no idea where they have gone. Do i still proceed with an eviction (even though I am aware they are gone) in order for this to show up on their record and to be able to possibly garnish wages? thanks

Now let me think! They obviously realized that they had no money for rent but you did have one months deposit, so, they did the decent thing and moved out and left the keys on the kitchen counter (wink wink). Send a security deposit disposition to the last known address, list deductions such as late rent, clean, advertise and rent at new higher market rent.

Hope you are not staying up late at night pondering this too much. You want keys and possession. The cash is awesome, but do you honestly think you are going to get it?

Gloria,

I post an ABANDONED PROPERTY NOTICE on the door telling them to contact me within 24 hours if this property is not abandoned.

I take TONS of photos to show the home is abandoned - no edible food, utilities off, no sleeping items such as pillow and blanket, keys left on the counter...

I call the util companies and ask for the date the resident ordered a shut off.

My lease is clear: it lists the signs of abandonment we use if the resident does not reply.

Unless they owe a lot of money after apply their deposit, just clean and re-rent. IF you can find them to serve them, you must consider the cost to file, time off work to be in court, the chances of them keeping a regular job to collect from...

From what I hear about Calli courts, it's a blessing they are gone - move on.

Be certain to mail the required written DEPOSIT SETTLEMENT showing you applied their deposit to what they owe.

Mail it CERTIFIED to the last known address.

My lease is clear: we require 4 Emergency Contacts per adult at lease signing. (so I can serve papers to their Granny if my resident skips like this! We ALWAYS find them! Often because their Granny calls to cuss us out and gives us their new address)

BRAD

PS, not to hammer you too hard - As managers we get what we allow. Letting them fall behind was YOUR mistake which led to this debacle.

ZERO TOLERANCE on late payments has changed our lives because people actually PAY when you stop accepting excuses.

The good news: you collected a deposit - THIS is why we collect deposits.

" Do i still proceed with an eviction (even though I am aware they are gone) ... "

Don't waste your time & money. You won't get the eviction.

The purpose of an eviction suit is to have a tenant removed from the premises. The tenant is already gone, so you will not be able to prove-up that the tenant continues to occupy the premises when they are not supposed to. Hence, the eviction will fail.

If they still owe you money, you can sue them in Small Claims Court for money owed.

Do you have their 30 day notice that they are moving? No!

Did they surrender the keys to the apartment/property? No!

So because you have no indication they have left and you're not sure if they are still in the residence, you should:

1) Post a 24 hour Notice to Enter The Property. Take pictures of the notice with a time/date stamp camera.

2) Next day go to the property and take pictures. Document the items left behind.

a) Check to see if the utilities are still on.

b) Contact the utilities to see if the tenants turned off the service. Do NOT put anything in your name yet! Don't be afraid to let things get turned off. If you restore service in your name and the tenants return -- the law prohibits you from turning off the utilities.

3) Check with the post office, was there a Forwarding of Mail?

4) If you conclude the property has been abandoned and you can prove it:

(For example there's no refrigerator, stove, beds, running water, power, cloths, toilet supplies, etc.)

5) Rekey the locks

6) Post a notice "Belief of Abandonment"

7) You must keep the items found inside safe for 15 to 18 days. If the value is $700 or more, you can not dispose of them. You will have to conduct an auction.

8) You can store their items in a secure garage, put a new lock or pad lock on the door. Hold for the 18 days.

9) Again take pictures and have a witness, document damages, condition of each room.

10) Fix up the place and re-rent it!

11) total up your lost rent, damages and cost to release.

12) File a case in small claim court -- AFTER YOU FIND OUT WHERE THEY CAN BE SERVED. Work?, Family? New Address?

Good luck.

Also you should always consult with an attorney or your Landlord Association. We don't know where you are in CA and every CIty is a little bit different.

Thank you for all the feedback. Greatly appreciated. I mainly want their irresponsibility to affect them in the future- so that when/if they try to rent in the future, it shows up on their record that they owe money to a landlord and either they get rejected or they are required to put a higher deposit, etc.

will definitely take all the great advice given.

They are all right, but I have evicted before for an abandoned unit. Tenant left in November without leaving keys. I filed and made sure the notices were always taped to the door. She kept moving the papers and was S..L..O..W..L..Y moving out. Never called me and ignored my call. I changed the locks and waited for the eviction which was not until January since our court does not evict over the holidays. Meanwhile her stuff was put in a room and we remodeled the unit. She did not show up and I got the