Las Vegas, known around the world as a destination famous for its nightlife, has just gotten another questionable distinction. In an essay entitled
"America's emptiest city" in print in the February 18, 2009 version of the Las Vegas Review-Journal, Forbes rated the destination number 1 when it comes to the quantity of abandoned apartments and houses.
While this undoubtedly is a distinction the city's property managers can do without, it is defining of the fact that abandoned rentals have become a national difficulty. As the total of abandoned properties strengthen, it becomes a must for property managers to understand when a dwelling has been abandoned by the renter, and what the property manager's legal rights are when that occurs.
The primary element needed in setting up a determination about abandonment is experience. The renter is not physically present; but, did they advise the property manager they would be leaving the city or away on a trip? If they did, clearly the dwelling hasn't been vacated even though the renter may be away for an long duration of time.
However, if the renter isn't physically in attendance, but nothing was told to the property manager about being absent, and there is visual proof that no one has been there for a long time (i.e. The mailbox is stuffed with letters and junk mail, the lawn hasn't been maintained, and the other tenants say they haven't noticed anyone for a prolonged time), than the house may be classified abandoned.
So what can the property manager do if they suspect the renter is no longer living in the property? For starters, a property manager wants to make certain that the rental apartment is secure and safe. That means that the property manager may take whatever action is essential to secure the dwelling. This may mean seeing that there is running water and plenty of heat in the winter to avoid plumbing disasters. If a renter is delinquent on making their rent payments, handing them an eviction notice to begin eviction proceedings is one thing to do.
In the state of Florida, if the occupant's personal things have been left behind, the property manager is obliged to send a letter to the location they think the renter is currently staying, noting that the renter has ten days to take possession of what was left behind. A property manager should take a trip to to the post office to make certain if the renter left a new address in order to forward the letter to claim property. The management of the belongings if it stays unclaimed is dependent on its financial worth. If the belongings are worth less than five hundred dollars, the property manager can retain it, sell it, or trash it. If it's value is more than five hundred dollars, the property manager can sell the items and withhold the cost for the sale and for storing the personal property, but the balance of the funds must be given either to the renter or, if they can't be found, to the court.
Many states make it a requirement for that a written letter to reclaim belongings be sent to the renter. But, the amount of time in which the belongings can be claimed varies from state to state. There are also variances in the stipulations of the handling of the belongings depending on its financial worth.
While many states are quite definite about the handling of abandoned belongings, they may have no rules for animals that have been abandoned. We suggest calling the community rescue to have the pet removed because there are safety situations involved in leaving the animal by himself. The property manager can list the address of the rescue in the letter to claim belongings sent to the renter.
On occasion, there can be a situation where the letter to claim belongings may trigger a response from the renter that they didn't abandon the dwelling and they want to come back. In this case, if the renter was one that was worth keeping, the property manager can allow the renter to pay the back rent and stay put in the unit. But if the property manager refuses to grant his wish to come back, the renter can litigate. The burden of proof would be on the renter who would have to exhibit that they weren't delinquent in the rent, the property manager knew they were returning, and that they weren't away from the dwelling for fifteen days without anyone's realization. Tenants who abandon property rarely try to bring a claim to be reinstated; they usually leave and stay away.
The key point to remember if you think that your rental apartment has been abandoned is to look for the physical evidence that would indicate the renter has left permanently. These sure signs will assist you make your justification should the renter try to argue that they never meant to abandon the unit. Check with your state's laws on abandonment, as they vary from state to state.
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
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