What To Do When Your Property Is Abandoned By A Tenant

A notice of abandonment is a written notice that you issue a tenant when they abandon their property. By abandoning property, we mean that the tenant has left their personal property and vacated the apartment before the end of their lease agreement without notifying you.

In the event of an abandonment, there are a series of steps that you’ll need to follow before you're able to rent the unit to another tenant. If these steps are not followed, it could potentially lead to a lawsuit against you, which is both costly and time consuming.

The first step you have to take when you suspect a tenant’s unit has been abandoned is to display a notice on the unit where it can be clearly seen. This notice should state that the tenant has abandoned the property and has a given amount of time to return to their unit. This protects you from unlawfully evicting the tenant.

In addition to posting the notice on the property, it must also be sent through certified mail to any addresses associated with the tenant. You must then give the tenant a minimum of five business days to respond to the notice before continuing with the eviction process. it's recommended to send the notice via First Class Mail as it's very quick and will allow you to proceed in the abandonment process as soon as possible.

When Is Rental Property Considered Abandoned?

If your tenant does not enter their property for seven days straight and does not pay their rent for ten days, you can legally issue a notice. However, before deciding if a unit has been abandoned and serving the tenant with a notice, there are a number of steps that must be taken. These steps will allow you to ensure the tenant has truly abandoned their property and you can legally proceed with an eviction.

The first step is to determine whether or not the lease agreement has expired. If it has, then abandonment is not an issue. However, if you have concluded that the tenant has moved out of the property without notice and prior to their lease agreement expiration, then it's possible that they have abandoned the unit.

Additionally, if you notice that the tenant’s possessions are missing from the property, then the conditions change. In this case, you're able to issue a notice if the tenant does not enter their property for five days straight and if they do not pay their rent for five days.

What To Include In A Notice Of Abandonment

When writing a notice of abandonment, there are a number of important things that must be included, such as the following:

Contact Information

Be sure to include your name, a postal address, and the date. It should also include all of this information for the tenant. Additionally, you should include a short introductory statement that explains what the notice is for.

Rationale For The Notice

You should include a section that explains the reasoning for sending the notice. This section does not need to go into much detail; indeed, it’s typically very general. For example, you may include the number of days the tenant has not been present in the property or that there are little to no belongings present in the property. This section should be written carefully as it's what is most likely to be disputed in court.

Legal Information

This section should clearly outline which law or statute the tenant is violating when receiving the notice. Be sure to check your local and state laws to ensure that you're providing adequate detail on the legality of the abandonment notice.

In addition to the legal information, you may choose to include a section that outlines the consequences of the tenant’s actions. This should include what will happen if the tenant does not respond in a given time period, which should be specified as well.

Posting Information

This section should state where the notice was posted, as it's vital that the tenant gets a hold of this notice. Additionally, this section is what will protect you from any lawsuits that can arise from not properly alerting the tenant of the abandonment. You will want to verify any form of delivery in this section, such as certified mail, first class mail, posted on the property, or personally delivered.

Need Legal Guidance? Outerbridge Law Is Here To Help

As a landlord, you understand that abandoned property is a massive liability, risk, and potential expense. Unattended apartments are at risk of fires, pests, weather damage, leaks, and more. To protect your business, your property, and your livelihood, you'll want to serve notices of abandonment as soon as possible after you notice a property has been abandoned.

If you have concerns about issuing a notice of abandonment to a tenant in NYC, don’t take the legal risk if you’re not certain. Outerbridge Law, P.C. is here to help. If you have more questions about issuing a notice of abandonment, contact Outerbridge Law today to schedule an initial consultation.