Landlord Question and Answer Forum

Abandoned rental.

Our tenants owe us rent. We have a month to month least. They have verbally given us a 30 day notice. We never received a written notice. The water company called us and told us they shut off their water. The neighbor think they moved out. We told them weeks ago we would like to inspect the property and have left a 24 hour inspection notice. Can we go ahead and go in, and if they did vacate can we change the locks? They did not return the keys and garage door openers. Do we still need to give them a 30 day notice?

Stephanie......Do a Google Search for "CA Civil Code Section 1951.3." If the water has been off for several weeks and neighbors have notice lack of activity, I believe you could safely assume that (1) unit has been abandoned or (2) someone may have died/injured themselves. If you decide to enter the property, take someone with you and take a camera. Knock on the door with force several times and wait a few minutes before entering. After opening the door, loudly identify yourself before entering. If the property has been vandalize, call the local police to file avandalism report as well as your insurance co. Verbal notices are good as a Heads-Up, but always demand a written notice within a few days. Let tenant know that you appreciate the verbal notice. However if you don't receice a written one, you will consider the verbal notice as null and void. Keep us up to date.

Posted by Stan M, CA on Tuesday, January 26, 2010

My adult son and I went to our rental, then my husband showed up. We looked the house over and all the furniture is gone. Food in the refrigerator is molded. There is clothes in suit cases and bags. Odds and ends are left there of our renters. The two bedrooms windows were broke into the locks are busted and screens off and mud around the bottom of the window. Our 5th wheel that is stored on the property was broke into. Bedding of ours is gone. Towels also. We did call the police and made a report. We were told to box all their items up and store them for 30 days. We also can change the locks and clean the place up. They left no forwarding address. They have cell phones, when we call they answer then hang up or don't answer at all.

Posted by Stephanie A, CA on Tuesday, January 26, 2010

Check the CA Civil Code. It specifies that if their belongings are junk and are less than the Code suggested value, you can dispose of the items. No storage may be required. Talk to your insurance agent about the damages to both the property and trailer. Agent may want to see the place before clean-up. If you don't have "Rent" coverage, check this out with your agent, too. It covers rent payments during rehab for vandalism, fire, etc. I would also tenants by certified mail the cost of repairs (estimate) that is required and mail it to their last known address (your property). If it's returned to you as undeliverable, file it but do not open it. This is important should they decide to claim their deposit. Since they did not give you written notice, don't forget to include rent that was not paid until you took possession. I would also consider moving the 5th Wheeler. Make sure you take pictures.

Posted by Stan M, CA on Tuesday, January 26, 2010