What happens if my tenant abandons my rental property?
Marc Hoag via Midjourney
This is educational material and does not constitute legal advice nor is any attorney/client relationship created with this article, hence you should contact and engage an attorney if you have any legal questions.
Imagine you receive a text message from the neighbor of your rental property that your tenants are unexpectedly moving out. Maybe they were great tenants; maybe they were the textbook tenants from hell. Either way, as the landlord, you’re now suddenly in the delicate situation known as tenant abandonment and it’s essential that you tread carefully, and that you proceed precisely by the book.
What is tenant abandonment?
Per California Civil Code §1951.3, tenant abandonment is triggered if your tenant is at least 14 consecutive days late on rent and you, as the landlord, reasonably believe that they have left the property with no intent of returning. The key words here are that you “reasonably believe” they have left.
How can you be “reasonably” sure that your tenants have abandoned the property?
There are several steps you can take to validate your belief that your tenants have left your property with no intent of returning including:
Speak with your neighbors: Did they see moving trucks arriving, being loaded, and then leaving?
Attempt to contact the tenants: You or your property manager should try to contact the tenants repeatedly, by every means possible: telephone; text message; email; postal mail; everything. This should be attempted frequently, and a record should be kept, to ensure, if push comes to shove in an eventual court hearing, that you did everything in your power to reach them. If you know your tenants’ place of business, you can try there as well. That said, probably don’t go overboard lest you be accused of harassment.
Contact utility companies: Try contacting the electric, gas, irrigation, and waste disposal companies. For accounts in your tenant’s name, you may not be able to get any information; but if the accounts were still in your name, you should be able to get some insight into various utilities’ usage. For example, power, gas, and water consumption should have dropped off drastically since your tenant’s departure. For accounts not in your name — typically electricity and gas, e.g., with PG&E — you can try inquiring whether the current account is scheduled to be terminated, say, at the end of the month. This is a particularly strong tell that your tenants have left with no intent of returning.
Contact the local US Post Office: If your tenants have not provided a forwarding access, then this will prove futile; but it’s worth trying.
Serve a 24-hour notice to do a home inspection
Once you’re reasonably convinced your tenants have indeed just up and left with no intent of returning — and really be honest with yourself here; do you truly believe they’re gone? — the next step is to verify your belief with your own eyes, and that means physically inspecting the property in person.
Strictly speaking, the inspection doesn’t have to be your eyes — it can be your property manager or somebody else whom you trust — but somebody needs to get actual eyeballs on the ground, so to speak.
To do this, though, you need to abide by the usual notice requirements; in this case, a 24-hour notice to do the inspection. You can grab a free 24-hour notice form by clicking this link below:
👉 DOWNLOAD 24-HOUR NOTICE FORM
To serve this notice properly, either you (or your property manager or agent) should deliver this notice to the property in person. This means that you either physically hand deliver the notice to a competent adult of at least 18 years of age at the property, or, if no such adult is at the home, that the notice is physically affixed to the front door. Finally, ensure that the Proof of Service is filled out as required.
If it seems ironic to serve a 24-hour inspection form on tenants because you believe they don’t live at the property any longer and will therefore never receive the notice, you’re not wrong; on the other hand, you’re not required to do more than this. However, nothing prevents you from going further and serving the same 24-hour notice anywhere else you think the tenant is likely to receive the notice: it could be another home, it could be their primary place of business, or any other address you know about, so feel free to post the notice at any or all of those alternative locations if you wish.
You can now have the home inspected once the 24 hours lapses.
What should you look for during the inspection?
You want to look for signs that nobody lives there anymore. This is more of an art than a science, and layered with a bit of common sense, but some things to check include:
is there food in the fridge?
are there beds in the bedrooms?
are there clothes in the closets?
is there food in the pantries?
are there clothes in the washing machine or clothes dryer?
are there vehicles in the driveway or garage?
If you can answer no to at least several of those questions — especially the lack of beds or clothing throughout the home — then chances are pretty high that your tenants have indeed abandoned the property. At the end of the day, this comes down to “reasonableness,” so trust your gut, but again, also use common sense.
Serve a Notice of Belief of Abandonment (NOBA)
At this point, you should be reasonably convinced that your tenants have indeed abandoned your property; chances are, this is a good thing and you can let go a sigh of relief since only bad tenants tend to just leave without any notice whatsoever; good tenants tend not to do this.
Now you’re ready to make the abandonment official. To do this, you need to serve a Notice of Belief of Abandonment (NOBA). This notice is just what it sounds like: it officially notifies the tenants that you now believe that they have abandoned the property and that therefore the lease will soon expire if they take two specific actions:
They must contact you or your property manager and explicitly state their intent not to abandon the property;
They must provide a mailing address where they can be served by certified mail in any action for unlawful detainer (“eviction”) of the property; in other words, they need to let you know where you can find them to sue them if necessary.
👉 DOWNLOAD NOTICE OF BELIEF OF ABANDONMENT
To properly serve the notice, you have two options: you can deliver it to the property in person, or mail it.
Delivering it in person means that you (or your property manager, or some other agent of yours) knock on the door or ring the bell and physically hand the notice to a competent adult of at least 18 years of age; alternatively, if nobody is home, you can physical affix the notice to the front door of the home and any other places where they are likely to enter the home, such as a garage for homes with attached garages.
Delivering the notice by mail means that you mail the notice by US first class certified mail; probably request a signature upon receipt for extra assurances.
If you choose to mail the NOBA, it's crucial to keep a copy of the mailing receipt and any other relevant documentation, such as the certified mail receipt, as these will serve as proof that you've fulfilled your legal obligations should you need to present evidence in court.
Once the NOBA is served, the tenants have 18 days after the notice is mailed (15 if hand-delivered) to respond. If they fail to do so, you can consider the property legally abandoned. This period allows the tenant a fair chance to claim their intent to retain the property, which is essential to protect both your rights and the tenant's rights under the law.
Reclaiming the Property
After the 15- or 18-day period has passed with no response from the tenant, you can take steps to reclaim the property. This includes changing the locks, cleaning the property, and preparing it for new tenants. However, before you dispose of any property left behind, you must understand the rules regarding the handling of the tenant's possessions.
Under California law, you must inventory and safely store any personal effects of the tenant that are estimated to be worth more than $700. You should also provide a notice to the tenant detailing how and where to reclaim their possessions. If the tenant does not claim their belongings within the specified time frame, you may be able to sell the items to cover any costs associated with storage and unpaid rent, or otherwise dispose of them according to the law.
Financial and Legal Considerations
Tenant abandonment can also have financial implications. You may be entitled to recover lost rent, the cost of repairs for any damage beyond normal wear and tear, and any other expenses resulting from the abandonment. It's advisable to document all costs meticulously and seek legal advice if you plan to pursue a claim against the tenant.
On the flip side, in situations involving tenant abandonment, it might be best to just let the tenant go without further legal action if you can avoid it: if they’re out of your hair, maybe count your blessings and move on.
Lastly, it's important to be aware of the potential legal pitfalls. Even if a property seems abandoned, wrongful eviction or mishandling a tenant's property can lead to legal challenges. Always ensure that you follow the proper legal procedures and consult with an attorney if you're unsure about any steps in the process.
Conclusion
Dealing with tenant abandonment can be a complex and stressful situation for any landlord, while also offering a glimmer of light at the end of what has likely been a very long and dark tunnel. By understanding your legal obligations and proceeding with caution, you can navigate these waters successfully. Remember, when in doubt, it's better to err on the side of formality and legal correctness to protect your interests and avoid any potential legal issues down the line.