Tenant Abandonment: What Property Managers and Landlords Need to Know

Many landlords and property managers dread the possibility of tenant abandonment. It occurs when a tenant, still under a lease, leaves a rental unit without giving the landlord any notice.

Understanding how to handle tenant abandonment professionally is crucial to protecting your property, decreasing potential losses, and complying with legal obligations. In this post, we share what you need to know about tenant abandonment and how to deal with it effectively.

What is tenant abandonment?

Diving in a little deeper, tenant abandonment is when a tenant vacates a rental unit without notification and stops paying rent despite having an active lease. This can be incredibly challenging as you must determine whether it’s a case of abandonment or an extended absence, such as an emergency or lengthy vacation, to avoid acting prematurely.

How long does a tenant have to be gone for the unit to be considered abandoned?

The length of time a renter must be absent for a rental property to be considered “abandoned” varies based on the specific terms of your lease agreement and local laws. Here are some general rules to follow: 

Lease Terms. A well-drafted lease agreement often will include an abandonment clause defining how long a renter needs to be absent and what actions (like non-payment) initiate the assumption of abandonment.

Local laws. Many local jurisdictions and states define a specific period for abandonment. This often ranges from 5 to 30 days of unexplained absence, non-payment of rent, or lack of response to the property manager’s or landlord’s attempts at communication.

How to determine if the property is abandoned 

Here are some common signs of tenant abandonment to help better understand this type of situation:

No rent payment. Rent payments stop, often without explanation or advanced notice

No response. The renter doesn’t respond to emails, calls, or texts

Belongings left behind. Some or all the tenant’s belongings are still in the unit

Disconnected utilities. Electricity or water may be turned off or transferred out of the renter’s name

Neighborhood watch. Neighboring tenants note they haven’t seen the tenant in a while

Steps to take if the unit is abandoned

If you suspect abandonment, it’s best to investigate the scenario immediately. Here are some key steps to take:

Verify the Abandonment. Inspect the rental property for abandonment signs, like an empty unit, disconnected utilities, or no activity for an extended period. This is a good time to attempt to contact the renter via phone, email, or through their emergency contacts. Neighbors can also provide information on whether the tenant has been absent for an unusual period. It’s also wise to reach out to utility providers to check if services have been disconnected or if accounts have been transferred out of the renter’s name, which could be a red flag for abandonment. 

Review the Lease Agreement. Double-check the abandonment clause in your agreed-upon lease. This clause will guide you through the next steps.

Send a Notice of Abandonment. Suppose you can’t reach the renter and think the property has been abandoned. In this case, some jurisdictions require sending an official Notice of Abandonment to the tenant’s last known address, informing them that you believe the property has been abandoned. The notice also gives the tenant a specific period (i.e., 5–30 days based on local laws) to respond or return. Tip: Be sure to send the notice via certified mail with a return receipt requested to guarantee proof of delivery. 

Document everything. Keep detailed records of every action you take, including the exact dates of unpaid rent, communication attempts, such as phone calls, emails, and letters, pictures or videos of the property if you conduct a visual inspection, and any belongings left behind. This documentation can protect you from legal issues if the renter claims wrongful eviction or damage to their property down the road. 

Secure the rental unit. If the Notice of Abandonment period passes without a response from the renter – and local laws allow it – you can consider the property abandoned. At this point, consider changing the locks to secure the property and look for any damage or needed repairs. Lastly, make sure you follow local laws regarding entry. Many places require you to give 24-48 hours’ notice before entering the unit, even if abandonment is suspected.

Handle tenant belongings carefully. If the renter left personal belongings behind, you could be required to take inventory of the items and store them for a specific time frame (depending on the jurisdiction). The law usually requires property managers to make reasonable efforts to connect with the renter before discarding belongings.

Mitigate damages. Most areas require landlords to mitigate their financial losses by trying to re-rent the unit as fast as possible. You can’t just charge the renter for the remaining months of the lease without taking steps to minimize the vacancy period. It’s also a good time to take care of any necessary repairs or cleaning to prep the unit for a new tenant.

Attempt to collect unpaid rent. If the renter owes back rent or you incur costs to repair their damages, you can pursue the unpaid amounts through small claims court or a collections agency. 

Know your local laws. Tenant abandonment laws tend to vary by geographic location. Failing to follow proper legal processes can result in fines or lawsuits, so always check with a legal consultant or a local housing authority to ensure you handle the situation properly.

How to write and deliver a notice of abandonment (with examples) 

Writing and delivering a Notice of Abandonment is the proper way to document suspicion that a tenant has vacated your rental property without formal notice. Here’s what to include in your notice:

• The date you are sending the notice
• Include the names and addresses of both parties
• Clearly state the address of the rental unit you believe to be abandoned
• Provide the reasons you believe the renter has abandoned the property
• Include a deadline by which the tenant must respond to confirm whether they plan to return to the rental unit – often a period of 5 to 30 days, depending on local laws
• Alert the renter that you will assume the property has been abandoned if they don’t respond by your deadline. Spell out the actions you will take, such as re-entering the unit, handling their belongings, and re-renting out the property
• Refer to any relevant state or local laws regarding tenant abandonment to ensure compliance and clarify the legal standing
• Provide your contact information so they can easily reach you

Example of a Notice of Abandonment

Dear [Tenant’s Name]: 

This letter is to inform you that it appears you have abandoned your rental property located at [property address], which you have been leasing under a rental agreement dated [start date of lease]. We have reason to believe the property has been abandoned based on: 

• Unpaid rent for the month(s) of [list unpaid rent months]
• No response to multiple attempts to contact you via phone and email
• Utilities have been disconnected, and neighbors have reported no recent activity at the property

Under [applicable state/city law], abandonment is presumed if the tenant has not occupied the property and failed to pay rent. Based on this information, we believe the property has been abandoned.

If this is not the case and you intend to return to the property, please contact me immediately at [phone number] or at [email address]. You have until [deadline date] to notify me of your intentions. If you do not contact me by the deadline specified above, I will assume that the property has been abandoned. I will proceed with re-entering and securing the unit, re-renting it, and handling any belongings left behind according to the law.

Lastly, any outstanding rent and applicable damages will be sought through the appropriate legal channels. Please take this matter seriously to avoid further legal and financial consequences.

Sincerely,
[Your Name & Title]

Laws you need to know and how to stay compliant

When dealing with tenant abandonment, it’s essential to comply with relevant laws to avoid legal pitfalls and ensure the process is handled correctly. These laws govern how and when a rental property can be reclaimed, how you should handle a renter’s belongings, and how you must deliver notices.

The following are some key legal areas to be aware of, along with tips for staying compliant:

Abandonment Definition in Your Jurisdiction

Each state or locality typically defines what constitutes tenant abandonment, including the conditions that must be met (i.e., non-payment of rent, failure to occupy the property, or removal of personal belongings).

Example: In California, under Civil Code Section 1951.3, abandonment is presumed if the tenant has not paid rent for at least 14 consecutive days and there is reason to believe the tenant has deserted the rental unit. 

Notice Requirements

Most jurisdictions require landlords to give tenants written notice of their belief that the unit has been abandoned. This notice must follow specific guidelines, including the delivery method and response time frame.

Example: In Texas, a tenant must respond within 10 days of receiving a Notice of Abandonment before the property manager or landlord can act.

Handling Tenant’s Personal Property

You must always handle abandoned renter belongings according to state laws, which may require you to store items for a set period or dispose of them in a specific way. Some states require a separate notice before getting rid of or selling the renter’s abandoned personal items.  

Example: In Oregon, you must give renters a minimum of 30 days to reclaim personal property. You can sell or throw away the items if the tenant does not claim them.

Unlawful Eviction and Self-Help Evictions

Don’t ever engage in a self-help eviction by changing the locks, removing renter belongings, or entering the rental unit without following the proper legal procedures. This could be viewed as an illegal eviction, which could lead to lawsuits, fines, or damages owed to the tenant. 

Security Deposit Deductions 

You may be tempted to withhold the security deposit for unpaid rent or damages if a renter abandons the property. However, security deposit laws strictly govern what you can deduct. Ensure you follow local laws when deducting rent, repair costs, or cleaning fees from the security deposit. Always provide the tenant with an itemized list of deductions, along with any remaining deposit balance.

Example: In most states, landlords have 14–30 days after the lease ends or the property is reclaimed to return the security deposit or explain deductions.

Here are some strategies for staying compliant:

• Understand local laws
• Document everything
• Provide proper notices
• Handle renter belongings carefully
• Mitigate financial losses
• If necessary, consult a legal professional

 The Bottom Line

Tenant abandonment can be frustrating and a major headache for landlords and property managers. 

By understanding the red flags, taking the right legal steps, and implementing best practices into your approach, you can protect yourself from the harmful financial and legal consequences of abandonment.

Remember to be proactive and perform comprehensive tenant screening, implement a well-written lease, and maintain positive communication with your renters to reduce tenant abandonment in your rental units.