Landlord Question and Answer Forum

One of my tenents has left. She did not pay rent for October or November and said her stuff would be moved by Nov. 8. She has terminated her power and it has been switched to my name under my lease agreement with the power company. She hasn't returned to retrieve her belongings, can I dispose of them? Can I consider this property abandoned, we haven't seen or heard from her in 20 days. Her notice for property removal hasn't been answered. But her mail has been retrieved. Also, she has rented a large TV from a rental place and hasn't given them their TV and they are calling me for it. I will not let them in to get it because I don't know if I can get sued for that.

If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month-to-month or week-to-week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be. If the tenant leaves property in the unit more than 14 days after termination pursuant to this Act, the landlord has no duty to store or protect the tenant’s property in the unit and may dispose of it without obligation.

Posted by Donna , NC on Friday, November 20, 2009