How to Handle Tenant Abandonment Without Violating State Laws 

Tenant abandonment is one of the most stressful situations for Landlords and property managers. When a Tenant abandons a rental unit, Landlords stop receiving rent but must comply with Landlord-Tenant laws and applicable Tenant abandonment laws.

To help navigate this process, here’s a renter abandonment guide explaining what Landlords should do when they have an abandoned rental property, how to declare a rental unit abandoned, and how to avoid this issue in the future. 

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What Is Tenant Abandonment? 

Tenant abandonment happens when a Tenant leaves a rental unit before the end of the Lease term without giving notice. When a Tenant abandons a property, the Tenant stops paying rent, does not communicate with the Landlord, and has no intention of returning to the rental unit. 

Renters abandon a property when they:

• Are no longer able to pay rent 
• Face a medical emergency 
• Have a family crisis 
• Experience a change in family circumstances

Each state has its own definition of what constitutes abandonment, but generally it includes: 

• Non-payment of rent 
• Tenant is not living in the rental unit 
• Tenant has removed some or all personal possessions from the unit
• Tenant has no contact with the Landlord 
• Tenant has turned off utilities 

Common Signs a Tenant Has Abandoned a Rental 

One of the hardest things about dealing with an abandoned apartment is the uncertainty about what is going on. The first step for Landlords is figuring out whether or not the renter is actually living in the unit. 

Here are some effective ways to determine whether your Tenant is living in the unit: 

• Drive by the property at night to see if the lights are on
• Check to see if the trash is out on trash day 
• Talk with neighbors to ask if the Tenant has been to the property recently 
• After giving proper notice to enter, enter the unit to see if utilities are connected and the Tenant’s personal possessions are still there 
• Call emergency contacts to try to get an update on where the Tenant is 

Steps to Take Before Declaring a Unit Abandoned 

If you believe a rental unit is abandoned, you should issue a formal abandonment notice stating: 

1. You believe the unit has been abandoned. 
2. The deadline by which the renters must respond to the notice. 
3. What will happen to the Tenant’s personal property. 

Obviously, getting the notice to Tenants is a challenge, but Landlords should mail it to the last known address, post it on the door of the unit, and, if an email is included in the Lease, send a copy via email. 

The period a property owner must wait before declaring the unit abandoned varies by state but usually ranges from 7 to 30 days. 

Why Tenant Abandonment Is a Legal Risk for Landlords 

Besides being a headache, rental unit abandonment presents some legal risks for Landlords. Landlords can face legal problems, liability, and fines for: 

1. Prematurely declaring a property abandoned, leading to wrongful eviction claims.
2. Not properly handling personal property left behind. 
3. Not complying with local and state abandonment laws. 
4. Failing to comply with state security deposit regulations. 

The best ways for Landlords to ensure legal compliance are: 

• Familiarize yourself with applicable laws, including the timeline for declaring a property abandoned. This usually ranges from 7 days to 30 days. 
• Document everything. Have documentation of all communication attempts, notices sent, inventory of personal property, and photographs taken of the unit. 
• Strictly comply with all procedural requirements and don’t rent the unit to a new Tenant until you have complied with all requirements. 

How to Handle Tenant Belongings Left Behind 

One of the biggest headaches of abandonment of a leased premises is dealing with personal property left behind. Many states – including Arizona, California, Minnesota, and Washington – require Landlords to store personal property for a set period of time. 

Here are step-by-step instructions for handling Tenant belongs: 

1. Take photos of the abandoned unit as you found it.
2. Create an inventory of personal items left behind. 
3. Obvious trash or perishables can be thrown away 
4. Securely store all personal items either in the property or in a storage unit. 
5. Send a formal notice to the Tenant’s last known address, post the notice on the abandoned apartment door, and send via any other communication methods included in the Lease – for example, via email. 
6. Hold the property for the required period, which generally ranges from 10 days to 60 days, depending on the state’s landlord-tenant law. 
7. If the property is not claimed during the required holding period, dispose of or sell the items. 
8. Vehicles left behind are treated differently and should be handled by local law enforcement

Rent Collection & Lease Termination After Abandonment 

When an occupant has abandoned a property, two common questions for property owners are: how to terminate the Lease and how to handle unpaid rent. 

To terminate the Lease, first check the language of your rental contract. Does the Lease include an abandonment clause? If so, this makes things easier, as it provides clear steps for terminating the lease under specific circumstances. If the Lease does not include this clause, issue a Formal Notice of Lease Termination. 

Once the Lease is terminated, the Tenant can still be held responsible for: unpaid rent until the date of abandonment; late fees; and damage to the property. However, from a practical standpoint, collecting this past due rent is difficult. 

As a Landlord, your priority is to legally terminate the Lease, document all past rent due, and follow all procedural steps required to end the tenancy so you can place a new Tenant in the unit. You want to mitigate your losses by re-renting the unit as soon as possible. 

Step-by-Step Checklist for Handling Tenant Abandonment Legally 

If you’re dealing with rental property abandonment, here’s a quick checklist to make the process go as smoothly as possible: 

• Check local and state Tenant abandonment laws. Each state has unique requirements for declaring a property abandoned and dealing with tenant property left behind. 
• Issue an Abandoned Property Notice. 
• Inventory and store personal belongings left behind. Document all property left behind and keep receipts of all expenses. 
• Wait the required period and don’t re-rent the unit until you’ve followed all abandoned rental property laws. 
• Once you’ve complied with all procedural requirements, prepare the unit for a new Tenant and begin marketing the rental unit. 

Preventing Tenant Abandonment in the Future 

Tenant abandonment is a major stressor for Landlords, and something you want to avoid whenever possible. Good tenant screening is one of the best ways to avoid bad rental outcomes. 

In addition, you should establish good landlord-tenant communication and encourage your Tenant to contact you if any issues arise. Finally, be proactive about addressing issues as soon as they arise. 

Whatever stage of the process you’re in, ezLandlordForms has you covered. We’ve got all the tools you need, from tenant screening services to a downloadable abandonment notice template. Create an account today to get access to the property management resources you need.