What To Do With A Tenent Who Has Disappeared.
I bought a triplex with tenents in April. 2 out of the 3 tenents are great. One however is no prize. She has failed to pay rent for May and June, had the police called out and was taken to Jail. She is the only one on the lease. Her and her 5 kids are to be the only ones there. Stopped in May to get the rent and to my suprise she had " 5 cousins" visiting her for a couple of days well those same cousins have been there everytime I stop by. I had been stopping by randomly to do some work on the grounds during May and to try and get May's rent All three places had leases which expired June 31. I gave notice to her on May 31 that I would not be renewing her lease and she would have to move. I had to do that in jail. Her cousins said she was out of town but I knew better because the police had called me. I gave her the following reasons for not renewing her lease Reason 1: Failure to pay rent.
2. Extra people living in the apartment.
3. Illegal activity and Police calls
4. Complaints from number of people.
I gave her more that 30 days notice had it signed by her and the police offer at the jail. I told her I would check her out on June 30th at 5:00pm. I also offered her $100 if she did this without a fight.
I arrived to find the door open and garbage piled everywhere. There was some personal items still there but no tenent. I left the door unlocked left a note to contact me. Mail was still in her box. I left and came back about 2 hours later. One of my tenents reported that she came took her mail, my note and the personal items. I have tried to make contact with her for the last 3 days and have left notes every time. All the notes are still there.
When can I call the place abandoned clean the trash up, change the locks and remove any personal property that might be left.
I live in Minnesota and can not find anyone who can give me an answer. Do I still need to evict her? Thanks for the help.
James
Since the lease expired at the end of June and she was served a notice of non renewal you can do what ever you want as of July 1.
This is really a touchy legal question that I'd advise talking to an experienced LL lawyer about.
In my state of WA, unless the LL does an eviction precisely by the WA Statutes, he could be in big trouble, resulting in BIG damages against the LL.
To find some local lawyers who do lots of LL evictions, call one or two RE mgmt cos in your area.
Yeah, I don't know the answer in MN but I'd bet its a lot closer to John's answer than James'.
If a tenent comes into possession of the space legally then the only way to terminate that tenancy is voluntarily (i.e. the tenant agrees) or via an eviction.
That said, I'd build my case knowing I might end up in court. I'd take photos of the space showing the condition of tha apartment. What you are trying to prove, someday if necessary is that enough of the tenants belongings were gone that the only reasonable conclusion is that the tenant had voluntarily vacated the space per your agreement.
I also live in WA and have had three skippers so far. I have gone in and began cleaning up. After a couple days I change the locks, leave a note just in case, and send notice of my intent to impose a claim on their security deposit, registered mail, return receipt requested. I have got every one of them back. They are gone. Keep the unopened security deposit letter and any other notice of defaults, etc. you sent them and got back in their file. Document everthing, including pics like you have to appear before Judge Judy. All of my skippers have left town and probably the state. To evict them you first have to serve them. Hard to do when you can't find them! Happy Landlording!
I wouldn't have left the plce unlocked.
They have keys so there would be a lock out issue, but you do need to protect your property.
I would say that if her furniture was moved out then she had probably vacated. I would put the other personal items in a covered semi-secure area that she could pick up when she wanted. All of the other posts talking about getting pictures and such are great ideas, in the case she comes back for you.
Not sure if its the same where you are but it is not legit. to notify someone who is incarcerated that you will not be renewing thier lease or for you to evict them. The courts seems to think this is unfair to the tenant as it would prove pretty darn hard to find a new place to live while you are in jail (even temporarily). Also, how would you retrieve your furnature, etc? I would also think that the fact that she has 5 kids would only reinforce the judges simpathy for her. But the others are right the fact that most of her stuff was gone indicates her intention to leave voluntarily. Anyway, good luck!
I am not an attorney, but have enough rental property (all in MN) and have paid MORE than my share of atty bills to help you here.
You are fine with the 'proper notice' and she no longer has posession of the property, it is yours to re-rent, and yes clean. You can get into a little trouble if you call everything there garbage and toss it, because the state says you have to retain tenants property for a short period. photograph everything and if you honestly believe it is garbage, throw it and be glad to she gone.
however if you come accross anything that might be of value, make sure you keep it (check with the attorney general's website for the brochure "landloard and tenants" for a clarification of the amount of time you must keep her items, but have the hauled to a storage facility until she either claims them or the required time has passed.
Thank you to everyone who replied and thank you to Feltman.
I have good news the tenent showed up on the 5th and took the few personal items that were left. She did tell me that she had forgotten the keys and was headed to her new place to get them. Funny thing she never came back. Guess she wasn't able to find them.
One thing about the Jail thing she was released the day after I gave her notice. This gave her enough time to get a new place and change her mailing address at the welfare office. Funny thing is while I have been cleaning the place the cops, bailsbonds men, PIs have all stopped by looking for her. I have had a number of neighbors coming and asking if they can help clean because they are happy to have their streets back.
Anyway thanks again.....