How To Know When Your Property Has Been Abandoned
Las Vegas, recognized the world over as a destination well-known for its nightlife, has just gotten another unsavory distinction. In a review entitled “America’s emptiest city” available in the February 18, 2009 version of the Las Vegas Review-Journal, Forbes rated the destination number 1 when it comes to the amount of abandoned apartments and houses.
While this obviously is a distinction the city’s property owners can do without, it is defining of the fact that abandoned rentals have become a national difficulty. As the quantity of abandoned homes multiply, it becomes a must for property owners to understand when a building has been vacated by the occupant, and what the apartment manager’s legal rights are when that occurs.
The initial element essential in creating a determination about abandonment is information. The occupant is not physically in attendance; but, did they inform the property owner they would be leaving the city or away on holiday? If they did, apparently the grounds hasn’t been vacated even though the occupant may be away for an long duration of time.
However, if the occupant isn’t physically there, but nothing was told to the property owner about being somewhere else, and there is visual proof that no one has been there for a lengthy amount of time (i.E. The mailbox is stuffed with letters and junk mail, the lawn hasn’t been kept up, and the other tenants say they haven’t noticed anyone for a prolonged time), than the property may be deemed abandoned.
So what can the property owner do if they suspect the occupant is no longer living in the apartment? First of all, a property owner wants to make for certain that the rental dwelling is secure and safe. That means that the property owner may take whatever action is essential to secure the building. This may mean ensuring there is running water and plenty of heat in the winter to circumvent plumbing challenges. If a occupant is late on making their rent payments, giving them an eviction notice to start eviction proceedings is an answer.
In the state of Florida, if the renter’s personal belongings have been left behind, the property owner is obliged to send a note to the location they think the occupant is currently residing, noting that the occupant has ten days to come get what was left behind. A property owner should take a trip to to the post office to look into if the occupant left a new address in order to mail the note to claim property. The managing of the belongings if it stays unclaimed is dependant on its financial worth. If the belongings are worth less than five hundred dollars, the property owner can hold onto it, sell it, or demolish it. If it’s value is more than five hundred dollars, the property owner can sell the items and subtract the cost for the sale and for storing the personal property, but the balance of the cash must be given either to the occupant or, if they can’t be found, to the court.
Many states make it a requirement for that a written note to reclaim belongings be sent to the occupant. But, the amount of time in which the belongings can be claimed varies from state to state. There are alsovariances in the conditions of the handling of the belongings depending on its financial worth.
While many states are quite definite about the handling of abandoned belongings, they may have no clause for animals that have been abandoned. We advocate calling the nearest rescue to have the pet removed because there are safety situations involved in leaving the cat by himself. The property owner can list the address of the rescue in the note to claim belongings sent to the occupant.
On occasion, there can be a situation where the note to claim belongings may trigger a response from the occupant that they didn’t abandon the building and they want to come back. In this case, if the occupant was one that was worth keeping, the property owner can allow the occupant to pay the back rent and stay in the unit. But if the property owner refuses to grant his wish to come back, the occupant can file a suit. The burden of proof would be on the occupant who would have to reveal that they weren’t late in the rent, the property owner knew they were returning, and that they weren’t away from the building for fifteen days without anyone’s awareness. Tenants who abandon property rarely try to file a suit to be reinstated; they usually leaveand stay away.
The key point to remember if you think that your rental apartment has been abandoned is to look for the physical evidence that would indicate the occupant has left permanently. These sure signs will assist you make your stance should the occupant try to argue that they never meant to abandon the unit. Check with your state’s laws on abandonment, as they change from state to state.
Stirling Gardner is a writer and property management expert.
He consults for EZ Landlord Forms.com – your best online resource for a state specific rental agreement and eviction notice.