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Free Notice of Abandonment Template
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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 free template above, you can understand how to write 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 landlords’ 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.
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.
Conclusion
It is important to cover all your basis 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.