The Tenant Abandoned the Property

Have you ever wondered what to do because your tenant left in the middle of the night, or during an eviction? You can change the locks and toss the tenant's stuff. Be sure to check your state or local law to see what your legal obligation is.

If you are not sure if the tenant has abandoned the property, you should not change the locks. You can enter the premises, but knock first. It's a judgment call in trying to determine if the tenant has moved. Look at a combination of factors; did the neighbors see them move? Are the utilities shut off? Has a change of address been put in at the post office? Are there sheets on the bed?

In some instances the tenant could be in jail or the hospital. This could explain why they haven't been around. Perhaps they have started to move and still have some furniture to pick up later. They would still be in possession if they have not shown intent to abandon their items. Some states have specific laws regarding presumptions of abandonment. As an example here is the Connecticut law.

Sec 47a-11b. Abandonment of unit by occupants landlord's remedies.
(a) For the purposes of this section, "abandonment" means the occupants have vacated the premises without notice to the landlord and do not intend to return, which intention may be evidenced by the removal by the occupants or their agent of substantially all of their possessions and personal effects from the premises and either

(1) nonpayment of rent for more than two months or

(2) an express statement by the occupants that they do not intend to occupy the premises after a specified date

If you have your doubts, call your landlord tenant attorney and do the proper legal eviction proceeding.

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