What can you do if a tenant skips out at the very end of their lease (2 months left)? If they're gone, does it make sense to evict them? I would at least like to hurt their credit.

You cannot (honestly & legally) evict an ex-tenant who is gone. The legal process of eviction is to remove a tenant who doesn't leave when he was supposed to.

In the process of filing and prosecuting an eviction suit, landlord will have to declare under oath that there are good reasons why the tenant should have left, and that he is still there. Thus, in order to carry out what you ask about, you would have to commit perjury, plus being guilty of falsifying evidence.

Generally speaking, Moshe's advice sounds good. If you KNOW they are gone, there is no need to evict.

However, I would add that each state has laws that determine when a tenant has returned possession of the premises. When you say they are "gone" .... how sure are you? Are they not returning calls? Did they shut off utilities? Did they leave their keys lying on the kitchen counter? Have they removed substantially all personal property required for living (food, furniture, beds, clothing etc)?

I've had my best luck in the past calling from a different phone number. Usually my wife's phone or a pay phone. If they're avoiding you, they are more likely to answer when it's not your number showing up. Don't speak in an angry or upset tone. Be cordial: this is a business talk. Just ask them if they have moved out. If yes, suggest that they email or text you that they have left so you DON'T have to evict them formally. I make it as "win-win" as it can be: I get full access to my property back quicker and they don't get an eviction on their record.

The other thing we discuss is remaining rent due. I'll usually offer a discounted amount...maybe half off since I'll lose 50% if I send them to collections anyway. But if they hang up or refuse, then I DO still send their account to collections. A collection agency should be reporting the debt to the credit bureaus.

I'm 95% sure I had a midnight move-out (aka a skipper) this last weekend, so I'm gearing up to do exactly what I just recommended. Good luck. Let's keep in touch on how it goes!

Truthfully, I've gone through the eviction process with several "skippers".

Why?

Skippers rarely leave forwarding addresses so I have no way of filing against them for owed rent or damages. They also have a nasty habit of leaving ovens, refrigerators and bathrooms filthy as well as assuming the landlord will enjoy hauling their broken junk to the dump.

In the end, the only "punishment" I can often provide these folks is a dispossessory (our version of an eviction) on their credit record. It's inexpensive to file in my county.

Frankly, I don't give a flying...whatever... on the "honest" or "legal" route of this. They are the ones who took off in the night breaking their lease.

If a former tenant took me to court over this my defense would be that since I never received any written notification from them terminating their lease nor any keys I filed against them for failing to pay rent when due.

If you don't have the keys and or a note or notice from them stating that they have vacated the property, what do you have? I would evict. Unless you have proof that they're out that they provided to you, it's still their apartment.

Moshe,

If the tenant skipped and did not officially leave then how can you take control of the property only assuming that they left without something in writing that the tenant left?

if no key and no rent money 100% start eviction process to cover your self. you have nothing with out notice in hand and keys.

So file your non pay with the court. Get that going. Now if they are really gone if it takes more than 30 days to get your hearing make sure on the first of the next month you file an amendment for the new months rent that has come due.

are the utilities off? post for abandonment.

What nonsense!

If the rent is unpaid and you enter and find that the property is vacant, do you really want to insist that you cannot take back possession? In fact, if you do not take possession, but instead wait a lengthy period of time, and then sue asking for damages for lost rent up through the time that you decided to take possession, how do you think a judge will look at that?

The essential element of vacation consists of the tenant leaving, not trivial acts like returning keys or notifying you or signing some document that he has left. A competent landlord can work that out without blinking an eye. Most of not all states have procedures for dealing with personal property left behind.

If no rent and no notice, I file for eviction. If I think they may have left, I will post an abandonment notice.

The last one of these I did, I inspected and found clothing, beds, couches, dressers, food in the pantry, tons of furniture. A couple weeks later, they came to court and said they had moved out. I went back to inspect the property and all of the things from before were still there. It isn't always clear when someone has moved out completely or not. And if they are not living there, but still have their property there for storage, I think an eviction is the right way to proceed.

You don't have possession back until you TAKE possession.

Well said Moshe but not entirely true. You don't have possession unless the court gives it to you. We're not talking about someone who has given notice here. This is the tenant who hasn't paid and is ignoring proper notice to you.