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Forum / Move-Out & Eviction / when is property legally vacant

My tenant has a non payment against him and has received 3 day notice. He is now moving out passed his grace period. He told LAPD officer ,who told me that he would out by Monday and leave keys with HOA president, when he is finished moving. If he moves 90% of his belongings from unit, is not sleeping there, leave scraps behind, he does not leave keys and is not communicating that he has vacated. When can I claim unit back? Do I now have to get him served and go through legal proceeding to claim property back now, even if he leaves and does not communicate it. Regards Jason Edwards

Jason E, CA on Monday, March 21, 2011

RE: when is property legally vacant

If you have good cause to believe he's vacated the unit, then go ahead and retake possession. The thing to keep in mind is that the tenant would have to take you to court to object, and if that happens, you should be able to present some evidence and a logical argument as to why you concluded that the tenant had vacated the rental unit.

Posted by Gregory T, CA on Tuesday, March 22, 2011

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