How and When to Issue a Notice of Abandonment

The end of the month came and went, and you’re still waiting on your rent check. That’s not all. When you attempt to call your tenant, it goes straight to voicemail.

You stop by the property and chat with the neighbor who hasn’t seen your tenant in weeks. She remembers a moving truck parked in front of the apartment. 

All signs point to one thing—your tenant abandoned the property.

You need to issue a notice of abandonment. Landlords issue this notice when a tenant seemingly leaves the rental unit (for good) without informing you. It seems cut and dry—they left, you get your property back. But it’s not that simple.

You need to comply with legal requirements before you reclaim your unit to avoid costly fines and other legal repercussions. Don’t worry—we’re thoroughly covering when and how to issue a notice of abandonment and avoid any legal troubles.

What is a Notice of Abandonment?

Tenant abandonment happens when they leave a rental unit before their lease ends—without notifying you—and stop paying rent.

A notice of abandonment is a formal letter you send after you gather substantial evidence to support your claim that the resident prematurely vacated the property. This letter is the first official step in legally cutting ties with and potentially evicting the previous tenant to regain control of the unit.

While abandonment and eviction are sometimes linked, they are not the same. Abandonment is initiated by the tenant, while evicting a resident is a legal process carried out by the landlord to reclaim your property.

If a tenant abandons the unit but leaves unpaid rent or belongings behind, the landlord has to follow legal procedures—including issuing a notice of abandonment—before moving in a new paying tenant or even proceeding with an eviction.

Signs that a Rental Property has Been Abandoned

When you suspect a property has been abandoned, you can’t just send the letter and call a locksmith. Each state has specific legal requirements for reclaiming possession, so you’ll want to check local laws before taking action. 

That said, there are several signs, including unanswered communication attempts, physical evidence at the property, and eyewitness accounts that can indicate a resident’s long gone. 

The more details you collect, the stronger your case is to issue a notice of abandonment. 

Unpaid Rent and No Communication

Continued missed rent payments are likely your first warning that a unit has been abandoned. Attempts to follow up with direct phone calls, emails, or written notices might go unanswered. 

Even reachouts about maintenance or other non-payment issues don’t receive a response. 

Physical Evidence at the Property

A quick visit to the rental unit can reveal clear signs of abandonment. Utilities—like electricity, water, or gas—may be shut off, indicating that the tenant is no longer living there. 

Piled-up mail, uncollected packages, or overflowing trash suggest a lack of daily activity. And if you glance through a window, you may see cleared-out rooms or even trash left on the kitchen counter. 

Reports from Other Residents

Neighbors, building staff, and maintenance workers can provide a valuable window into the reality of the situation, having witnessed moving activities. Or, they may not have seen their neighbors for weeks, which is significant, too. These third-party reports help validate your suspicions before taking the next legal steps.

Each of these signs on its own may not be enough to confirm abandonment, but together, they build a strong case. If there are multiple indicators, it’s time to start the legal process for issuing a notice of abandonment before reclaiming possession of the unit.

Tenant Lock Changes

Whether you’re trying to enter for maintenance or some other reason, you might discover that the resident has changed the locks without notifying you. This could be a red flag and a strong indicator that they’ve abandoned the property.

Legal Considerations Before Issuing a Notice of Abandonment

There isn’t a one-size-fits-all answer about procedures and timelines for how property managers can reclaim possession of a rental unit, manage tenant belongings, and address unpaid rent. 

Checking local laws is always a good idea—we’ve rounded up a few things to consider to get your ducks in a row before pursuing a notice of abandonment.

Check State and Local Laws Regarding Tenant Abandonment

Each state has specific laws that govern tenant abandonment, including how long you need to wait before declaring the property abandoned. You must follow these laws and state-specific waiting periods before you issue a notice of abandonment.

Required Waiting Periods Before Reclaiming Possession

In all states, you must wait a certain period before issuing a notice of abandonment (somewhere between 10 days to 2 months). Make sure you verify your local waiting periods and posting requirements to avoid any legal challenges.

Rules about Handling Tenants’ Left Behind Belongings

There are strict rules about how you can handle a tenant’s belongings if they’ve left them behind. Many states require landlords to store these items in a safe and secure area for a specific period, giving the tenant a chance to reclaim them. 

Check your state laws for duration times and facility requirements to avoid claims of theft or improper disposal. 

Pursuing Unpaid Rent

You can attempt to collect unpaid rent both before and after the eviction process. But you must formally notify tenants of overdue rent before moving forward with an eviction or pursuing legal action.

After confirming the tenant has abandoned the property, review the lease agreement for specific collection procedures and familiarize yourself with your state’s landlord-tenant laws. Recovering unpaid rent is possible, but you must follow the legal process to avoid more complications.

Legally Terminating the Lease After Abandonment

At this point, you’ve documented every communication attempt and collected all the evidence with no response from your tenant. Now it’s time to terminate their lease.

Eviction, while sometimes necessary, can be costly and time-consuming, averaging $7,500 and taking a minimum of 3-4 months. To minimize losses, avoid evictions when possible, and expedite them when unavoidable.

Pro tip: Avoid the eviction process altogether by leveraging a thorough tenant screening process that thoroughly vets each applicant.

How to Issue a Notice of Abandonment (Step-by-Step Guide)

When you follow the right steps, you can protect yourself legally and remarket your unit faster. Here are the steps to take to do just that.

Step 1: Gather Evidence of Abandonment

Gathering evidence is an essential first step before issuing a notice of abandonment. Start by documenting any unpaid rent or lease violations since these are universal indicators that the tenant is gone.

Next, inspect the unit and take detailed photos or videos that show the property’s condition—especially if there’s property damage. And finally, collect statements from neighbors or other witnesses who may have noticed the tenant’s absence, moving trucks, or other relevant details.

Step 2: Draft the Notice of Abandonment

Clearly communicate why you believe the unit is abandoned, backed by the evidence you’ve already documented. Make sure the notice of abandonment includes the following sections to avoid any confusion and ensure the document is legally sound:

• Tenant’s full name and address. Full details here eliminate ambiguity about who the notice pertains to. 

• Lease agreement information. Reference broken lease agreement terms, which could include unpaid rent or failure to maintain the property, according to the lease you both signed. 

• Evidence of abandonment. Summarize the evidence that led you to conclude the unit is abandoned. This could include unpaid rent, the condition of the property, and lack of communication on the tenant’s part. 

• Response deadline. Provide a clear deadline for the resident’s response—this depends on your geographic area, but a reasonable timeframe is typically 7-14 days. This allows adequate time for them to iron out any misunderstandings or resolve any issues. 

• Consequences for non-response. Be upfront by outlining what will happen if the tenant doesn’t respond to the notice, like lease termination, reclaiming possession of the unit, and disposing of any belongings left behind after the required grace period. 

Step 3: Serve the Notice Properly

Most states require you to deliver the notice of abandonment via certified mail. Doing so ensures you have proof of delivery and provides a legal record that the tenant was informed.

Beyond that, some jurisdictions require landlords to post the notice on the tenant’s door as part of the process. If possible, send a copy of the notice via email to cover all your bases. This is an important step to avoid legal complications down the road, so be sure to comply with state and local laws.

Step 4: Wait for the Response Deadline to Pass

You’re probably anxious to repossess the unit so you can move a qualified, paying tenant in. But before you can do that, the response deadline has to pass. Tenants are legally permitted during that timeframe to reach out and negotiate next steps.

If they respond, great—you can discuss the next steps. If they don’t, move forward with legally getting the unit back.

What to Do if the Tenant’s Belongings are Left Behind

If a renter leaves belongings behind after abandoning the property, you must follow state laws regarding abandoned property. Most states require you to give the tenant a reasonable amount of time to claim their belongings, typically ranging from a few days to several weeks, depending on local regulations.

For example, Maine requires you to hold onto their property for 14 days while Indiana allows tenants up to 90 days. During this holding period, store the items safely and securely to prevent damage or loss.

If the tenant doesn’t reclaim their property by the specified deadline, you’re legally allowed to donate, discard, or sell the items. Just make sure to do so in compliance with state laws. Following these steps to the letter minimizes the risk of claims of theft or improper disposal.

Next Steps After Issuing a Notice of Abandonment

Once you’ve issued a notice of abandonment, the next steps depend on how the tenant responds. As always, comply with the legal process to avoid potential issues. 

If the Tenant Confirms They Abandoned the Unit

If the tenant confirms the abandonment, it’s time to move forward with the process. Start by sending a formal lease termination notice, which serves as the official document ending the tenant’s obligations under the lease.

You can then start the move-out process and prepare the unit for a new tenant, ensuring you make all necessary repairs, cleaning, and updates so the unit is ready for re-rental.

If the Tenant Does Not Respond

If the tenant doesn’t respond to the notice of abandonment, follow all legal procedures for reclaiming possession of the unit (according to your state and specific area).

This typically involves waiting the required period before taking any further action, like changing locks, collecting unpaid rent, dealing with property damage, or starting eviction proceedings, if necessary. 

If the Tenant Disputes the Abandonment

Sometimes, a tenant will challenge your abandonment claim. Disputes can complicate the situation, even when you’ve collected enough evidence to support the notice of abandonment. 

In this situation, contact legal counsel before taking any further action so you understand your rights and obligations.

How to Prevent Future Abandonment Issues

Property abandonment isn’t all that common, but you can minimize the chances of dealing with it in the future by taking a few proactive steps during the lease agreement phase.

Start with a thorough screening process that includes detailed employment verification. Require tenants to provide updated emergency contacts and encourage them to communicate early if they plan to leave before the lease term ends.

Regular property checks can help spot early signs of vacancy or abandonment, giving you the chance to act before the situation escalates. Finally, enforce lease terms that require tenants to provide notice before moving out. Make sure both you and the tenant are on the same page.

When All Else Fails, Issue a Notice of Abandonment

The exact process for issuing a notice of abandonment varies depending on your property’s location, but the key steps remain the same. Generally, you’ll know if your tenant has left before their lease is up if they suddenly stop paying rent or their utilities are cut off. 

And while there are certainly differences, every state and jurisdiction agrees that you must collect evidence of abandonment, attempt to contact the tenant, and allow a week or two for them to respond before sending your official notice by certified mail. 

Don’t forget about their belongings—renters have a right to a set timeframe to collect their belongings that may have been left behind.

Lastly, keep thorough records of all communication and documentation to protect yourself in case of disputes, and consult a legal professional if complications pop up.