Tenant Abandonment: What to Do If a Tenant Leaves Without Notice
When a tenant leaves their rental with no intention of returning, they put the landlord in a difficult position. You’re left wondering if they’re just away temporarily, how many times you should attempt to contact them, and what the law allows you to do.
Working with a North Carolina landlord-tenant attorney ensures that you do not unintentionally violate the law and leave yourself open to a lawsuit when handling abandoned property. Call Crawford & von Keller at 910-363-1637 to discuss your concerns with an attorney now.
Legal Steps After Tenant Abandonment
Before you can move forward in this process, you must prove that the tenant has abandoned the property. Under North Carolina General Statute 42-25.9, there is a presumption of abandonment 10 days after a landlord conspicuously posts a notice of suspected abandonment inside and outside the premises. Assuming there is no response from the tenant, the property is then considered abandoned.
As the notice must be displayed inside and outside the property, this raises a question—how can you legally enter the property to put up the notice? North Carolina does not have specific laws regarding when a landlord may enter a rental property, so you are limited by what is included in your lease. If you notify the tenant of your intent to enter in order to post an abandoned property sign, this is their chance to indicate that they are on vacation or otherwise away to prevent the presumption of abandonment.
How to Secure and Handle Personal Property
The next step is to be placed in lawful possession, potentially by execution of a writ of possession. While this is not always required, it is an extra step landlords can use to protect themselves from legal claims. Landlords can seek a writ of possession once they believe the property is truly abandoned and have evidence to support their claim.
Seven days after taking lawful possession, the landlord may dispose of personal property, although there are exceptions for manufactured home leases. Note that a landlord is only required to hold property for five days if the total value is less than $500. During the seven-day period leading up to disposal, the landlord can move the items for storage purposes. If the tenant requests the property at any point during the seven-day period, they must release it to the tenant. Should the landlord opt to sell the property, they must give notice to the tenant by first-class mail to the tenant’s last known address at least seven days before the sale. This may seem redundant in the case of an abandoned rental, as the tenant’s last known address is likely the rental property in question.
Proceeds of any property sales can be applied to unpaid rent, damages, and storage fees. Anything above and beyond that must be returned to the tenant upon request or sent to the county.
There is another option available if the property is worth less than $750. You can choose to donate the property to a nonprofit that donates or sells goods to needy individuals for a nominal price. However, they must store the property for 30 days and return it to the tenant if requested. Should you go this route, you must post a notice indicating where the property is and that they have 30 days to claim it.
Protect Your Property and Investment With Crawford & von Keller
Dealing with property abandonment is tricky, as it’s easy to run afoul of landlord-tenant laws and put yourself at risk of legal trouble. Working with an attorney helps you protect your rights and fulfill your legal obligations. Find out how we can help by contacting us online or calling us at 910-363-1637.
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