How to Handle a Tenant Who Skipped Out on Their Lease

Ideally, when a tenant decides to move on, they provide the landlord with ample notice per the terms of their lease. However, owning and managing a rental property is not always so simple. Occasionally, a tenant may break the lease or abandon the property with no evidence of an intent to return. So, while it is tempting to refill the vacancy as soon as possible, owners must, by law, follow certain procedures first. Keep in mind, the process for handling a tenant skip may vary from location to location, and understanding the rules is vital. So, check out our best tips and strategies below for dealing with tenants who skip out on their lease.

Main Takeaways

• Landlords should not assume a rental property has been abandoned simply because a tenant stops communicating or appears to have moved out.
• Maryland landlords must follow applicable legal procedures before retaking possession of an abandoned rental property, including proper notice when required.
• Documenting the property’s condition, tenant communication, and belongings left behind can help landlords protect themselves when handling a suspected abandonment.

Common Reasons Some Tenants Skip Out on Their Lease

It is hard to say for sure why every tenant decides to skip on a lease instead of following the guidelines of their lease. However, professionals providing rental property management in Baltimore may encounter several reasons tenants leave unexpectedly, and generally, none are positive. Some examples include:

• Unpaid Rent – If the tenants are so behind on rent and fees that they cannot get caught up, they may opt to leave and avoid eviction.
• Change in Circumstance – Whether it is a bad breakup, job relocation, or just a change in circumstances, some tenants choose to leave over giving proper notice or paying lease break fees.
• Safety – Tenants may also leave unexpectedly because of safety concerns or other circumstances that may carry special protections under state or federal law.

If you have any reason to believe your tenant’s disappearance is due to criminal misconduct, contact the local authorities immediately. Explain you are working on an abandoned property notice. Working together with local law enforcement will help ensure that you stay compliant with Maryland rental laws and you do not run the risk of potential tampering with a crime scene.

However, more commonly, the tenant has simply chosen to leave, and landlords should proceed with the tenant abandonment process under that assumption. Whatever the reason for the tenant skipping out, landlords have certain responsibilities and steps to follow before releasing the unit.

How to Establish Abandonment of a Rental Property

In many states, a property management company cannot assume a property is abandoned simply because they have not heard from the tenant. There is a chance your tenants have a reasonable explanation for the inconsistent or non-existent communication. For example, they may be in the hospital, out of town caring for family, in jail, or have changed their contact information.

In some cases, establishing abandonment is straightforward. Perhaps the tenants left a note stating their intent not to return, or maybe a neighbor witnessed them moving out. As a landlord, if you cannot get in touch with the tenants, it is reasonable to suspect the property may be abandoned.

That said, legally, these scenarios do not serve as proof of tenant abandonment. As such, it is essential to establish abandonment by following the local jurisdiction’s requirements wherever your rental property is located. Following statewide regulations can help you establish rental property abandonment and allow you to re-lease the unit as soon as possible. Let’s review some of these requirements for Maryland landlords below –

Proving Rental Property Abandonment Under Maryland Law

1. Is the tenant behind on rent? – A tenant’s payment history may be one factor to consider when determining whether the tenant has actually abandoned or surrendered possession, but landlords should evaluate the full circumstances and follow applicable Maryland law before retaking possession.
2. Have the utilities been shut off? – While this doesn’t necessarily establish abandonment on its own, it can help landlords prove their case.
3. Did the tenant leave anything behind? – If the dwelling contains important personal items or valuables left behind by the tenant, it is less likely to be abandoned. On the other hand, if the rental property maintenance is lacking and only garbage remains, it could be a case for abandonment.
4. What did the neighbors see? – If they saw a moving truck or the tenant seemingly vacating the premises, it could help support your claim.
5. Have you tried getting ahold of your tenant’s emergency contact? – They might be able to shed some light on the tenant’s current situation.

No single factor necessarily establishes a dwelling as abandoned. If the tenant has not violated any lease terms, they still are technically in possession of the property. So, it is important to follow all stages of confirming a true case of rental abandonment.

How to Reclaim Your Rental Property After Tenant Skip

If the landlord cannot establish that the tenant has abandoned or surrendered possession, the landlord may need to use the appropriate court process to lawfully regain possession of the rental property.

Before filing a Failure to Pay Rent complaint in Maryland, residential landlords must provide the tenant with the required written notice and give them 10 days to cure the unpaid rent. However, check with your local jurisdiction for specific rules. Let’s quickly review the common steps of the eviction process below –

Eviction Process in Maryland

1. Communication – Try to reach out to the tenant through any contacts you have. This could include phone, email, text, mail, or an emergency contact when all else fails.
2. Serve the Required Notice – The notice requirements and timeline depend on the reason for seeking possession. For example, Maryland landlords filing a Failure to Pay Rent complaint must provide the required written notice and give residential tenants 10 days to cure before filing.
3. Landlord and Tenant Complaint – If court action is necessary to regain possession, the landlord can file the appropriate complaint with the District Court.
4. Attend the Eviction Trial – After the complaint is processed, the court issues a trial date where each party has the opportunity to present their version of the facts. Keep in mind; if the tenant abandoned the unit, they might not appear. However, make sure you attend the trial and bring any documents proving you have a valid reason to evict the tenant. After hearing the facts, the judge will make their decision. Ideally, the court will rule in the landlord’s favor and grant possession back to the owner.

 What Happens to Abandoned Property After Tenant Skip?

Even if a tenant abandoned the property, they likely took their belongings with them when they went. However, sometimes, belongings remain that are not obvious trash or debris. Every state or jurisdiction potentially has its own rules on what to do with abandoned property. So, always take time to research any applicable laws in your area.

That said, even if local laws allow a landlord to dispose of the property, it is a good idea to keep a record of what was left. We suggest that landlords –

• Create a List – It is beneficial to document any items that may be left on the property. If, for some reason, the tenant claims you stole items or makes any claim against you, a detailed list is helpful.
• Keep Visual Evidence – Along with a written list of abandoned property, take photographic evidence to document each item’s condition. This is an easy step to complete in conjunction with a move-out inspection.
• Do Not Simply Throw Things Out – Each location may have laws that govern if or how owners can dispose of a tenant’s abandoned property. So, before getting rid of anything, double-check local laws.

Frequently Asked Questions About Tenant Abandonment

Tenant abandonment can leave landlords with questions about regaining possession, unpaid rent, and belongings left behind. Since the proper steps can depend on state and local laws, landlords should understand their responsibilities before entering, securing, or re-renting the property. Here are answers to some common questions about handling a tenant who leaves before the lease ends.

How do you know if a tenant has abandoned a rental property?

A tenant being absent or difficult to contact does not necessarily mean they have abandoned the rental. Landlords should look at the circumstances, attempt to contact the tenant, and follow applicable state and local requirements for establishing abandonment before reclaiming the property.

Can a landlord change the locks if a tenant abandons the property?

Landlords should not change the locks simply because they suspect a tenant has moved out. In Maryland, landlords must follow applicable legal requirements for establishing abandonment or otherwise lawfully regaining possession before securing the property.

Does a tenant still owe rent after abandoning a lease?

A tenant who leaves before the lease ends may still be responsible for unpaid rent and other amounts allowed under the lease and applicable law. However, Maryland landlords also have a duty to take reasonable steps to mitigate damages when a tenant ends occupancy before the lease term expires.

What should a landlord do with belongings left behind?

Landlords should document belongings left in the rental and check applicable state and local requirements before disposing of, storing, or otherwise handling them. Taking photos and creating an inventory can also provide a record of the property’s condition and the items left behind.

Does a landlord have to evict a tenant who has abandoned the property?

Not necessarily. The appropriate process depends on whether the tenant has legally abandoned or surrendered the property and the circumstances surrounding the tenancy. If the landlord cannot establish abandonment or otherwise regain possession lawfully, a court process may be necessary.

Efficient Marketing to Limit Vacancy Time

Every day a property sits abandoned, owners are losing money. Therefore, following all necessary steps and taking measures to protect yourself are key. After all, the laws surrounding abandonment can be confusing for any Maryland property manager.

To insulate yourself from risk, make sure your rental lease contains language that outlines how you establish abandonment. A consistent, legally compliant application and tenant screening process can help landlords evaluate applicants using established rental criteria. Finally, create a rental property checklist that allows you to clearly record the detailed condition of the home before and after move-in. This is essential for determining what, if any, of the tenant’s deposit an owner can withhold for damages.

Then, once you regain lawful possession of the property, getting it on the market is a huge priority. When it comes to managing property turnover and targeted marketing efforts, Bay Property Management Group can help. Our experienced team can apply time-tested rental solutions to maximize your investment’s potential while working to limit vacancy time. So, if you would like to learn how full-service rental management can help you, contact Bay Property Management Group today.