Landlord Question and Answer Forum

My tenant gave 30 day notice. He took his last months rent from his security deposit. We set up a time for the final move-out walk thru but he opt not to show up and left the key under the front door mat. I sent an email giving him the opportunity to set up another time but he did not respond. He also did not clean the house or maintian the yard as was in his lease. He did not leave a forwarding address for his mail. He also took items from the house that did not belong to him. How do you recommend I handle this and what communication do I send him at this time?

I’m going to assume that your lease states that sec.dpst was not to be used as last months rent. That being the case, charge him for rent + late fee, cleaning the unit, any repairs and missing items. Make sure you send him a Disbursement of Security Deposit within 21 days of lease termination. Also, hopefully you have documentation that he declined the pre-inspection. This is very important if you take him to court and he appears. …..Send the letter to his last known address (in this case, your rental). Under the “Return Address” you place the words ADDRESS SERVICE REQUESTED. This should get you his new mailing address in case you need it for court. There may be a service fee for this which you would pay when the new address is sent back to you…… If he doesn’t pay by the date you requested, file a Small Claims. Today, the max amount is $10,000. Keep in mind that just because you win, you still have to collect. The good news is that it will appear on his credit report. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Saturday, October 13, 2012

Thanks for responding. I have documentation in emails only and voice mails. I appreciate the advice. This tenant has left a very sore taste in my month and makes me very gun shy with the rerenting of my home. Thanks again

Posted by Karen L, CA on Saturday, October 13, 2012

My pleasure. Emails and voice mails are good.....What makes you "gun shy?" Are you renting the house you're living in or another property?

Posted by Bob R, CA on Saturday, October 13, 2012

What makes me "gun shy" people aren't honest.

Posted by Karen L, CA on Sunday, October 14, 2012

Congrats on recognizing that people are not honest. Remember this when you’re selecting and assigning a new tenant. Treat them as if you were loaning them a million $$$$ and do your due diligence. Too many landlords are so anxious to rent the property that they take anyone that flashes $$$$ only to find out they have been taken. Also keep in mind that there is no full proof method in selecting tenants. However, you can minimize the problem by not rushing to rent the property, having a strong lease agreement and collecting rent/sec.dpst (no checks) up front before you hand them the keys. Best of Luck.

Posted by Bob R, CA on Sunday, October 14, 2012

Hello I have just had a similar experience as the above. After a six month walk through which was okay, my tenant notified me that he would be leaving--breaking his lease by two months. I informed him that he needed to submit 30 day notice in writing, and that he would be responsible for payment through to the end of his lease. He abandoned the property without leaving keys and removed washer and dryer, plus some furniture. Do I need to follow the same advice and send the notice as mentioned including cost of items taken plus rent due. Do I need to send his deposit, show how it was dispersed on the ledger?

Posted by stuart w, AZ on Thursday, August 28, 2014