Has Your Property Been Abandoned?
Las Vegas, known around the world as a destination identified for its nightlife
, has just gotten another unsavory 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 obviously is a distinction the city's property owners can do without, it is defining of the fact that abandoned rentals have become a national challenge. As the quantity of abandoned properties expand, it becomes a must for property owners to understand when a building has been abandoned by the renter, and what the property manager's legal rights are when that occurs.
The chief element crucial in setting up a determination about abandonment is information. The renter is not physically in attendance; but, did they inform the property owner they would be leaving the city or away on a trip? If they did, clearly the grounds 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 owner 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 property may be deemed abandoned.
So what can the property owner do if they suspect the renter is no longer living in the apartment? For starters, a property owner wants to make indisputable that the rental apartment is secure and safe. That means that the property owner may take whatever action is vital to secure the building. 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, giving 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 owner is obliged to send a letter to the location they think the renter is currently staying, noting that the renter has ten days to come get what was left behind. A property owner should take a trip to to the post office to look into if the renter left a new address in order to mail the letter to claim property. The managing 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 owner can retain it, sell it, or trash it. If it's value is more than five hundred dollars, the property owner can sell the items and subtract 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 specific about the handling of abandoned belongings, they may have no clause 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 cat by himself. The property owner 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 building and they want to come back. In this case, if the renter was one that was worth keeping, the property owner can allow the renter to pay the back rent and stay in the residence. But if the property owner refuses to grant his wish to come back, the renter can go to court. The burden of proof would be on the renter who would have to reveal that they weren't delinquent in the rent, the property owner knew they were returning, and that they weren't away from the building for fifteen days without anyone's awareness. Tenants who abandon property rarely try to take somebody to court to be reinstated; they usually leaveand 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 reason should the renter try to argue that they never meant to abandon the residence. Check with your state's laws on abandonment, as they vary from state to state.
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