Renters not living in pro
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Renters not living in pro (by Robert leblanc [TX]) Jun 11, 2018 11:22 AM
       Renters not living in pro (by Vee [OH]) Jun 11, 2018 12:21 PM
       Renters not living in pro (by Robert [TX]) Jun 11, 2018 12:48 PM
       Renters not living in pro (by Pmh [TX]) Jun 11, 2018 2:12 PM
       Renters not living in pro (by robert [TX]) Jun 11, 2018 2:37 PM
       Renters not living in pro (by Pmh [TX]) Jun 11, 2018 2:59 PM
       Renters not living in pro (by LiveTheDream [AZ]) Jun 11, 2018 9:20 PM


Renters not living in pro (by Robert leblanc [TX]) Posted on: Jun 11, 2018 11:22 AM
Message:

We have a rental property in Plano Texas. We informed the renters about 3 months ago that we would not be renewing their lease on the property as we were moving back to the area and moving back into the house at the end of their lease.

We are currently living in North Carolina and I took a trip down to Plano on the 18th of May. I found the lawn overgrown all the utilities off and the house was empty.

I spoke to the neighbors and also sent a note to the renters and they stated that they had moved out of the property and wanted to use their security deposit for the last month's rent. After a lot of back-and-forth I finally told them that no they could not but once we had the keys we could begin assessing the deposit and return it to them as quickly as possible within the terms of the lease.

They said they would return the keys on the 26th of May but never did.

Do to them never informing us that they were going to move out and then once we reached out to them then confirming they had moved out am I able to consider the property surrendered even though they didn't follow through with leaving the keys in the unit.

Thank you in advance for all your input and I'm happy to add more detail if needed

Robert --174.193.xxx.xxx




Renters not living in pro (by Vee [OH]) Posted on: Jun 11, 2018 12:21 PM
Message:

You have to understand your local/state rules of abandonment to consider this approach - by law they still have possession, so why not file for eviction if June rent is unpaid. --76.188.xxx.xx




Renters not living in pro (by Robert [TX]) Posted on: Jun 11, 2018 12:48 PM
Message:

Vee,

Thank you for your response. They are paid up on rent for the remainder of the lease ending the end of June. Our lease agreement contains the following language;

2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s reasonable judgment, and one of the

following events occurs:

(a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or

(b) Tenant returns keys and access devises that Landlord provided to Tenant under this lease.

(3) “Abandonment” occurs when all of the following occur:

(a) all occupants have vacated the Property, in Landlord’s reasonable judgment;

(b) tenant is in breach of his lease by not timely paying rent; and

(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord

is prevented from entering the Property by affixing it to the outside of the main entry door, stating that the Landlord

considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice,

which will not be less than 2 days from the date the notice is affixed to the main entry door.

When I look at the surrender section, it seems like the requirements are met. All occupants have vacated the property and also they gave written notice that they were no longer living there.

Would this not be the case? --174.193.xxx.xxx




Renters not living in pro (by Pmh [TX]) Posted on: Jun 11, 2018 2:12 PM
Message:

I am confused. You say they are paid up through June to end of lease but they want to use deposit for last month rent ? --104.218.xxx.xx




Renters not living in pro (by robert [TX]) Posted on: Jun 11, 2018 2:37 PM
Message:

PMH,

I apologize for the confusion. All of the discussion about using the deposit occurred right before the 1st of June. When I finally made it clear that they would not be able to use the deposit for last months rent and were still responsible even if not living there, they paid the June rent. The house is now sitting empty. They rented another place and have been living there since may 15th, which I found out from neighbors and then the renters confirmed they were no longer living in the house.

--108.84.xxx.xxx




Renters not living in pro (by Pmh [TX]) Posted on: Jun 11, 2018 2:59 PM
Message:

ok. so rent paid. they have left. they have told you that. go change the locks & secure possession. are utilities still on ? If not they have abandoned the hse. you have until 7.31 to return deposit less deductions (which must be listed) --104.218.xxx.xx




Renters not living in pro (by LiveTheDream [AZ]) Posted on: Jun 11, 2018 9:20 PM
Message:

^^^ What he said. Change the locks, clean up and move on in. Send the the final accounting and move on. --47.216.xx.xxx





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