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Notice of Abandonment

David Paxton

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notice of abandonment empty apartment

Issuing a Notice of Abandonment

The notice of abandonment is a formal legal document that you can use if you have decided to terminate a tenancy. In most cases, only landlords are required to issue notices of abandonment, but tenants can also do so as long as they have permission from their landlords.

What is it?

A notice of abandonment is a document that is used to notify a tenant that their tenancy has been terminated. It is issued when the tenant has left the property without paying rent or when the landlord wants to end the tenancy agreement.

A Notice of Abandonment must be issued by a landlord within 14 days of discovering that their property has been abandoned by its occupants unless there are reasonable grounds for believing that no one was living at the premises at any time during the previous 14 days.

Why should you issue a Notice of Abandonment?

  • It allows you to terminate the lease agreement.
  • It allows you to re-rent the property.
  • It allows you to sell the property at a later date if desired, with no tenant present to claim their personal belongings or object to any changes made by the new buyer (such as painting walls).

It allows you to take legal action against the tenant if they do not vacate the property by the date specified in your notice. Each state has different requirements so it’s important to create a notice of abandonment specific to your location.

When can you issue an Abandonment Notice?

The most common reason for issuing an abandonment notice is because the tenant has moved out, but has not paid rent or made any repairs. If this happens, it’s best to wait at least 30 days before filing for eviction in court (and giving them time to come back).

State laws may differ slightly on timing, but if they don’t return by then and still haven’t paid their owed rent or made any repairs required by law, then you can file for eviction based on nonpayment of rent or another breach of lease terms such as damaging property beyond normal wear-and-tear during their stay–but only after sending them written notice at least 14 days prior (30 days if it’s your first notice).

How to serve an Abandonment Notice

To serve a notice, you will need to know the tenant’s address. If the tenant has moved out and left no forwarding address, you will have to mail it to their last known address.

If you are unable to find or reach your tenant in person, there are two ways that you can serve them with this notice:

  • By regular mail (postal service)
  • By certified mail, with return receipt requested

Conclusion

It’s important to know when you can issue a Notice of Abandonment and how to serve it. If you need help with this process, review our landlord-tenant laws for your state.

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David Paxton

Dave is a seasoned real estate investor with over 12 years of experience in the industry. Specializing in single-family residential real estate, David’s strategic approach combines market analysis, financial acumen, and a deep understanding of urban development trends to maximize investment returns.

**Blog Article Disclaimer*

This blog article is provided for informational purposes only and does not constitute legal advice. The content is intended to offer general information and should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.

While we strive to keep the information accurate and up-to-date, laws and regulations are subject to change, and the legal landscape may vary based on jurisdiction. Therefore, we make no representations or warranties regarding the completeness, accuracy, reliability, or suitability of the information contained in this article.

Reading, accessing, or using the information provided in this blog does not create an attorney-client relationship between the reader and the author, and any reliance on the information is at your own risk. If you require legal advice or assistance, it is crucial to consult with a qualified attorney who can consider the specifics of your situation and provide advice accordingly.

The author and the platform disclaim any liability for any loss or damage incurred by individuals or entities as a result of the information presented in this blog. We recommend consulting a legal professional before making decisions or taking action based on the information provided in this article.

This disclaimer is subject to change without notice, and it is the responsibility of the reader to review and understand the disclaimer before relying on the information contained in the blog article.

PayRent is on a mission to build a rent collection app that fosters a positive and productive relationship between renters and landlords. We focus less on transactions and more on the people behind them.

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