Tenant abandonment: all you need to know

Summary;
What are the things to look out from when you are experience tenant abandonment? Read this article to find out.

What is abandonment?
Abandonment is a legal term that means a party is breaching an agreement by terminating a contract earlier than the time stipulated. In real estate, tenant abandonment means the tenant has decided to terminate the rental agreement between the landlord and himself. Leaving an apartment more than 30 days may make the landlord assume abandonment if the he was not formally informed.

Reasons for abandonment:
Reasons for abandonment can be unexpected and unprepared for, however, it can create unnecessary stress for the landlord.
These reasons are
Sickness/hospitalization
Long unintended vacation
Sudden imprisonment

Signs for abandonment:
If you notice anything strange you might want to check the following signs
Ask the neighbor if they notice the tenant movement or if they notice the tenant moved his properties out.

You might want to ask them if there is any complain of vandalization of the property.

Check if the utility bills to the apartment have been stopped and the utilities shut off from the flat.

Check if the furniture has been moved or if the apartment is empty.

What to do if the tenant abandons your property:
You may need to physically check out the property, [you can do this with an attorney] take a camera along with you. After knocking, enter and check around taking a snap shot of things you notice needing an attention.

Contact your attorney:
You can make enquiry from your attorney what the state law states about the case of abandonment. This is to prevent you breaching the tenancy law that could have adverse consequences if the tenant decides to sue.

Damages:
If you find that are serious damages in your apartment that could cause you thousands of dollar, you can sue the tenants.

Change the locks:
If you think of changing the locks, you might have problem with a tenant that has not finished packing his property, you might want to contact any relatives or referees given. You can check the tenancy application form, before changing the lock.

Redefine the tenancy contract:
Build the right tenancy agreement that the tenant must append to before moving in:
Make a vivid tenancy agreement that you assume abandonment if your property is left for more than14 days without any prior notice. Though the law permits that the landlord is entitled to a month notice but accepting lesser days is better. You might want to put it as a clause in the agreement and that the tenancy can be terminated by the service of a Notice to Quit. The Notice of Quit should be given for 4 weeks.

Consequences of abandonment on the landlord:
Having to go seeking information from others about the welfare of the tenant can be disagreeable. This is however necessary if you don't want to breach the tenancy agreement

If the insurers have to be informed of the unoccupied situation that exceed more than 14 days, the landlord may have to pay a higher premium against lost.

The apartment may create a breeding place for squatters.

Your apartment can be vandalized because of the vacant position, it can also be a support for theft in the neighborhood.

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