Notice of Abandonment Template
Download REI Grove’s notice of abandonment template to organize landlord information, tenant details, abandonment evidence, property left behind, response deadlines, overdue rent, and landlord contact information.
Key Takeaways
- A notice of abandonment is a formal landlord notice used when there is reasonable evidence that a tenant has abandoned the rental property.
- Landlords should confirm state and local abandonment laws before sending a notice, reclaiming possession, or handling a tenant’s belongings.
- By using this template, landlords can organize key information before taking next steps and create clearer documentation for a potential abandonment situation.
- REI Grove’s notice of abandonment template is organized around landlord details, tenant details, rental property information, legal basis, and response deadlines.
Writing a Notice of Abandonment
As a landlord running a rental business, it is always best to be prepared for difficulties with your tenants. While you may be well-prepared for a tenant who is unreliable with rent or causes problems with other tenants, it is also important that you be prepared for a complete breakdown of communication.
When it appears that a tenant has abandoned the rental property for good, and you are unable to communicate with them, you may consider issuing a landlord notice of abandonment. Using the template above, you can understand how and when to issue a notice of abandonment if one is appropriate for your situation.
What is a Notice of Abandonment?
A notice of abandonment is a formal notice written by a landlord which asserts reasonable evidence that a tenant has abandoned the property. Based on local regulations and policies, the landlord will give the tenant a date by which the tenant must reestablish communication or risk the termination of their lease. Furthermore, landlords generally outline what will happen to the contents inside the rental property should the tenant fail to reestablish communication.
When Should You Use a Notice of Abandonment?
As previously mentioned, you should issue a formal notice of abandonment if the property shows certain signs that the tenant has permanently left the property prior to the end of the lease agreement. But what are those signs? Let's look at a few of the most common signs of abandonment.
The Tenant Has Stopped Paying Rent
If a tenant has not paid their rent for a significant amount of time without providing a reason and has not been responsive to late fees or contact, it may be a sign that they have abandoned the property.
The Tenant is Unresponsive
You should attempt to contact an unresponsive tenant through every means that you have. This includes texting, emailing, and calling. However, if the tenant still fails to respond after multiple and varied attempts of communication, it is possible that this may be intentional avoidance and may represent abandonment.
Other Tenants Report Signs
When a tenant abandons their unit, neighbors or other tenants often notice. During your investigation of the matter, you may look to other tenants at the same rental property, or even peers or relations of the tenant, to see if they noticed any tell-tale signs. For instance, did they see said tenant packing their things? Have they seen them in the area recently? Did they notice a moving truck loading up at the unit?
The Tenant’s Personal Property Has Been Removed from The Property
As part of an inspection into a potential abandonment situation, landlords can enter a unit (after giving proper notice, usually 24 hours in advance) to evaluate whether key personal property like furniture, bedding, and clothing have been removed from the property. This may signify that the tenant has moved out.
If certain items are left behind in the rental property after abandonment, the landlord's notice of abandonment of property should provide the tenant an opportunity to retrieve these items and explain what will be done with any that remain after a designated period, similar to how security deposit deductions are itemized and documented.
Why Write a Notice of Abandonment?
There are many important reasons to write a notice of abandonment rental property. Chief among them is that, depending on where the property is located, a landlord is legally obligated by local and state laws to provide a written landlord tenant notice of abandonment before repossessing the property. This means that you avoid the hassle and potential legal problems that could come from tenant lawsuits.
Repossessing the property should be top of mind for landlords who suspect abandonment. If the property is vacant and tenants are not paying rent, landlords are sitting on investments and losing rental income. It is much better to resolve the issue and try to fill the property with a new tenant who will reliably pay their rent on time.
What Does the Notice of Abandonment Template Cover?
REI Grove’s notice of abandonment template is organized into sections that help landlords record the key information often included in a formal abandonment notice. The template gives landlords a structure for identifying the tenant, describing the property, explaining the evidence of abandonment, setting a response deadline, and documenting next steps.
This template includes:
- Landlord name and business address
- Tenant name and address
- Rental property address
- Inspection date
Section 1: Landlord Details
The template begins with landlord details so the tenant can identify who is sending the notice and where the notice is coming from.
This section includes:
- Landlord name
- Business address
- City, state, and ZIP code
- Date of the notice
Section 2: Tenant Details
The tenant details section identifies the tenant receiving the notice and the address where the notice is being directed.
This section includes:
- Tenant name
- Tenant address
- City, state, and ZIP code
- Greeting to the tenant
Section 3: Rental Property and Evidence
The next section explains why the tenant is receiving the notice. This portion identifies the rental property and summarizes the landlord's reasonable evidence that the unit has been abandoned.
This section includes:
- Rental address
- Repeated attempts to contact the tenant
- Entry for inspection
- Inspection date
- Reasons the unit was determined to be abandoned
Section 4: Items Left Behind
If the tenant left personal property in the rental unit, the template gives landlords a place to list those items. This can create a written record of what remained in the unit when the notice was prepared.
This section includes:
- Items found in the unit
- Personal belongings
- Furniture or household goods
- Other property left behind
Section 5: Legal Basis
The template includes space to reference the state statute defining abandonment and the applicable state landlord-tenant law. Because abandonment rules vary by location, landlords should confirm the correct legal language before using the notice, such as by reviewing a state-by-state chart of abandoned property laws.
This section includes:
- State statute defining abandonment
- State landlord-tenant law
- Language stating that the premises has been deemed abandoned
Section 6: Response Deadline
The response deadline tells the tenant how long they have to respond with intent to reclaim possession of the property. This section also explains what action the landlord may take if the tenant does not respond.
This section includes:
- Number of days to respond
- Final response date
- Intent to reclaim possession
- Lease termination or landlord repossession language
Section 7: Belongings and Property Handling
The template includes language explaining what may happen to belongings if the tenant does not respond. Depending on state or local law and the lease agreement, belongings may be donated, disposed of, sold at public auction, stored, or handled another way.
This section includes:
- Donation
- Disposal
- Public auction
- Moving expenses
- Storage expenses
- Lease agreement requirements
- Local law requirements
Section 8: Rent and Fees Owed
The rent and fees section records when rent was last paid and how much is currently overdue. This gives the notice a clearer financial record tied to the abandonment issue.
This section includes:
- Last date rent was paid
- Total amount of rent overdue
- Late fees currently overdue
Section 9: Contact and Signature
The template ends with landlord contact information and a signature block. This gives the tenant a way to ask questions or respond to the notice.
This section includes:
- Landlord phone number
- Landlord email address
- Signature
- Printed name
- Business or company name
Notice of Abandonment Template at a Glance
| Section | Purpose | Key Details |
|---|---|---|
| Section 1: Landlord Details | Identifies the sender of the notice | Name, address, date |
| Section 2: Tenant Details | Identifies the recipient | Tenant name, address, greeting |
| Section 3: Rental Property and Evidence | Explains abandonment claim | Property address, contact attempts, inspection details |
| Section 4: Items Left Behind | Documents tenant belongings | Furniture, personal items, household goods |
| Section 5: Legal Basis | References applicable law | State statutes, lease terms |
| Section 6: Response Deadline | Sets tenant response timeframe | Days to respond, final date, consequences |
| Section 7: Belongings and Property Handling | Explains handling of abandoned items | Disposal, storage, auction, legal requirements |
| Section 8: Rent and Fees Owed | Records financial obligations | Last payment date, overdue rent, fees |
| Section 9: Contact and Signature | Provides communication and formal closure | Phone, email, signature |
Conclusion
It is important to cover all your bases as a landlord, and potentially abandoned properties are no exception. While it can be frustrating and worrying to deal with a tenant that seems to have abandoned your property, it is important to take steps to repossess the property as quickly as possible—and to ensure that those steps are within the bounds of state and local laws. This will ensure that you are not only protecting your business but also moving forward with a new and more reliable tenant as quickly as you can.
REI Grove's notice of abandonment template can help you organize the details you need before sending a notice.
FAQs
What is a notice of abandonment?
A notice of abandonment is a formal landlord notice stating that there is reasonable evidence a tenant has abandoned the rental property.
When should a landlord use a notice of abandonment?
A landlord may consider using a notice of abandonment when a tenant appears to have left the property before the lease ends, has stopped communicating, has stopped paying rent, or has removed personal property from the unit.
What does the notice of abandonment template include?
The template includes landlord details, tenant details, rental property information, abandonment evidence, and items left behind.
What are signs that a tenant abandoned a property?
Possible signs include unpaid rent, lack of communication, reports from neighbors or other tenants, removed personal belongings, or items left behind in the unit.
Can a landlord enter a unit to check for abandonment?
Landlords should follow applicable notice and entry laws before entering a unit. In many situations, proper notice may be required before an inspection.
Can landlords throw away belongings left behind?
Landlords should not dispose of tenant belongings without confirming state and local law. Some jurisdictions require notice, storage, waiting periods, donation procedures, or sale procedures.
Why is a written notice important?
A written notice creates documentation that the landlord notified the tenant, explained the abandonment concern, gave a response deadline, and described possible next steps.