Tenant may have abandoned my rental!

[Russ07]

I have a rental property in Snellville, GA. My long time tenant hasn't paid this month's rent, and seems to have abandoned the property (although I can't say for sure). His lease expires this month, but he hasn't given me 30-day move out notice or renewed his lease. I gave him 60-day renewal notice. What is my legal rights here? Can I file for a dispossessory?

 

[adjusterjack]

What is my legal rights here?

Your legal rights are addressed by:

1 - Your written lease contract and

2 - The Georgia landlord-tenant statutes.

Georgia Code Title 44, Chapter 7 (2023) - LANDLORD AND TENANT :: 2023 Georgia Code :: US Codes and Statutes :: US Law :: Justia

Dispossession is addressed by Article 3 in the above link.

Your local court website may have forms and instructions. If not, try the court websites of larger counties like DeKalb or Fulton which may have forms that you can adapt for your court.

If all else fails, hire an eviction attorney.

 

[AlmostThere]

What does the lease say? Does it auto renew or does the lessee have to sign something to renew? If the lease does not auto renew, and the lease expires, the tenant may be trying to live out their last month on the security deposit.

Why do you think they abandoned the property? Is it empty of the lessee possessions? Or have you simply not heard from the tenant?

 

[Russ07]

The lease says if neither party gives a 30-day lease termination notice, the lease will continue on a month-to-month basis. It also says should resident fail to give proper notice and does in fact vacate the properly, no deposit will be refundable and they are subject to all chargers plus any additional charges that are required under this agreement. Given this, should I wait out until the end of the month or file for dispossessory if I am not able to get hold of the tenant (he has ignored me so far)?

This is a 4-plex property, and my other tenants voiced concerns that he seems to be gone for at least 2 weeks including his 2 cars removed from the parking lot. I haven't checked the interior yet as I just learned about this yesterday. I will give him a notice to inspect the interior. If there possessions, what should be my next steps?

 

[adjusterjack]

It also says should resident fail to give proper notice and does in fact vacate the properly, no deposit will be refundable

You'd better have a lawyer review your lease because that provision is likely to be illegal and void whatever rights you have under the contract.

Security deposits are refundable BY STATUTE unless you are legally entitled to keep it to indemnify for monetary damages you actually incur. That means you might be entitled to apply it to a month's unpaid rent after you regain possession of the apartment.

 

[zddoodah]

The non-payment of rent should give you the right to begin the eviction process, and I suggest you retain the services of a local landlord-tenant attorney. That said...

Did you phone your tenant? If so, what happened? If not, why not?

Did you visit the premises and knock on the door/ring the bell? If so, what happened? If not, why not?

Georgia doesn't seem to have a statutory right for the landlord to enter leased premises, and a quick and cursory google search suggests that this is generally left to agreement in the lease. Does your lease have a provision that allows you to enter the premises?

 

[Russ07]

Hi zddoodah, thanks for your response. I called and sent multiple texts over the last few days. Tenant is always very responsive, but not this time! I even offered to work it out outside the court between us, but nothing back from him. I did visit the premise. No cars on the lot, and my other tenants haven't seen him for two weeks or so. Yesterday I found a note on the door from the gas company that the gas service has been disconnected, so it seems he disconnected the utilities.

My lease does allow me to enter the premises. I texted him that I will be inspecting the unit within the next few days.

 

[FarmerJ]

its not 100 % perfect but a giant hint that a property is not being lived in is when the electric is shut off by electric ut8lity , same with gas and water if those are off and you gave notice to enter to inspect then make sure you take pics.

 

[Russ07]

Thanks. I talked to 2 attorneys. They both suggested that I file for dispossessory to avoid any legal liability later on. I filed for it today.

 

[quincy]

Thanks. I talked to 2 attorneys. They both suggested that I file for dispossessory to avoid any legal liability later on. I filed for it today.

That was smart. You don’t want to risk stepping on a tenant’s legal toes, even if the risk might be a small one.

 

[LdiJ]

That was smart. You don’t want to risk stepping on a tenant’s legal toes, even if the risk might be a small one.

I don't disagree, but it also seems to me like putting an eviction on someone's record when it appears that the person voluntarily moved out (and may have even left things in good condition, the OP hasn't said one way or the other) might be kind of an unfair thing to do.

 

[Zigner]

I don't disagree, but it also seems to me like putting an eviction on someone's record when it appears that the person voluntarily moved out (and may have even left things in good condition, the OP hasn't said one way or the other) might be kind of an unfair thing to do.

The tenant can negotiate with the landlord to come to a settlement before a judgment is entered if s/he wishes to avoid having an eviction on their record.

 

[LdiJ]

The tenant can negotiate with the landlord to come to a settlement before a judgment is entered if s/he wishes to avoid having an eviction on their record.

But if the landlord has no damages and is just doing it to protect themselves legally then what is there to settle? I suppose the landlord could dismiss the case in exchange for a written letter stating that the tenant has voluntarily moved out. I guess it just seems a bit overkill to me assuming that the tenant has fully moved out, cancelled the utilities and left everything in good condition. Of course if things were not left in good condition then all bets are off.

 

[Zigner]

But if the landlord has no damages and is just doing it to protect themselves legally then what is there to settle? I suppose the landlord could dismiss the case in exchange for a written letter stating that the tenant has voluntarily moved out. I guess it just seems a bit overkill to me assuming that the tenant has fully moved out, cancelled the utilities and left everything in good condition. Of course if things were not left in good condition then all bets are off.

Because the tenant hasn't moved out in the way you describe. The tenant has abandoned the unit without any notification to the landlord.

 

[quincy]

But if the landlord has no damages and is just doing it to protect themselves legally then what is there to settle? I suppose the landlord could dismiss the case in exchange for a written letter stating that the tenant has voluntarily moved out. I guess it just seems a bit overkill to me assuming that the tenant has fully moved out, cancelled the utilities and left everything in good condition. Of course if things were not left in good condition then all bets are off.

Russ07 said he spoke to two attorneys who advised him to file for dispossession. I think it is best for Russ07 to listen to these attorneys rather than people on an Internet forum.

When rental property is vacated by a tenant, keys to the rental are returned to the landlord/prooerty owner. Russ07’s tenant not only failed to give notice that he was terminating the lease and failed to pay rent for the month, he also failed to return keys, meaning he can enter the rental at any time. And, because technically according to the terms of the lease, it automatically became month-to-month when the tenant failed to give a 30-day notice, the tenant still has a lease. He now needs to be evicted for non-payment.