Q re: Tenant left apt. chain-locked with several stuff inside after move-out date

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WGerald

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This situation is new to me & I'd like to ask for advice on what is the best thing to do in this situation.

A tenant gave 30 days notice on Sept. 16, even if the lease they signed stated that 1st day of notice has to be on the 1st day of the month which also requires them to pay the full month's rent regardless of when they move-out. They paid only half month's rent for Oct. & refused to pay the rest. I sent them a late payment reminder, but not the 3-day notice to P/Q, which I regret not doing :no: At that time, I wasn't so worried about them leaving with rent owed because I know where they work. The notice I gave stated "to remit owed rent no later than [a specific date] to avoid further action." Will this be as good as the Notice to P/Q?

On their move-out date, they waited 'til late night to move-out their stuff & did not turn in the keys. When I went to check the apt. the following morning (4AM), the door was chain-locked inside. Their car was not in the premises tho. I checked the back window, peeked & saw that there are still stuff in there. I did not force entry or cause commotion because it was early morning.

Since they were the ones who gave their move-out date, I have good reason to believe that they have vacated & the things left are abandoned property.

-Is it safe to enter, take away the properties left behind & change the lock or do I still need to send a Quit notice & get a Writ of Possession for this?

-What is the best course of action for this whole situation?
-Aside from rent owed, what other things can I file against them?

Will greatly appreciate any advice you can give.
 
If you are concerned that they will come back and, finding the rest of their things gone take legal action against you, get the Writ of Possession for this property. Get it back into your hands legally.

Did they provide a security deposit? If so, make certain you send them notice of the status of this within the time period required by your state (typically 21 days but up to 30 if both you and the tenant agreed to this in the lease). If you do not know their new address, send it to their last known address (your rental property) and if it not forwarded to them, retain it (unopened) as proof that you made the attempt to notify them.

Besides rent, the security deposit can be used for damages above normal wear and tear. If they had a lease and broke it (I suspect they did not have one as you've already mentioned the 30 day notice) they would owe for the remaining months on the lease or until you are able to get it rerented.

If you wish to file against them (typically done through Small Claims) for additional monies, check to see if they can be served at their place of employment.

Gail
 
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