Owner Liability

• If a tenant is significantly delinquent in rent, ceases to respond to phone calls, letters or other attempts at contact, and no activity has been observed for an extended period of time, it is still not safe to assume that the premises have been abandoned. For example, if a significant amount of furniture and personal possessions have been left behind, it should be assumed that the tenant will return. Even prudent precautions such as documenting attempts to contact the renter by phone, mail and notices posted on the door may not prevent liability for both potential value of the possessions, plus legal costs should the tenant sue.
  
  

Considerations

• An October 2009 case in which Equity Residential Properties Management Corp. was ordered by the Washington Court of Appeals to pay $76,275.55 for not returning the tenant's property is one of many lawsuits that demonstrate the proof of abandonment is squarely on the landlord. For this reason, if the tenant does not expressly declare verbally or in writing his intention to leave, a prudent owner or property manager will use the eviction process instead.
  
  

Abandonment

• Before moving any belongings, photograph the condition of the abandoned rental as well as the belongings left behind.photo camera image by A74.FR Ben Fontaine from Fotolia.com
  
  If the renter has fallen behind in the rent and expressed verbally or in writing her intention to leave, the rental has been abandoned and the landlord may enter the unit. The landlord must store the property of the tenant in a secure place for 45 days after mailing a notice of abandonment to the tenant, along with a notice that the tenant's property will be sold. These notices can be mailed to the the tenant's last known address, which may be the dwelling. The notice should include the address of where the items are stored. If property is worth $50 or less, it may be sold or disposed of after seven days, with the exception of personal papers, photographs or keepsakes which must first be stored for 45 days.
  
  

Wrapping Up Financially

• Within 14 days of learning the property has been abandoned, the landlord must return the deposit, or send a statement explaining why the deposit is not being returned. After 45 days have passed since mailing the required notices, the property may be sold to cover back rent and late fees, damage to the unit, storage costs and any expenses related to the sale. All costs must be reasonable or actual, whichever is least. Any surplus funds from the proceeds must be held for the benefit of the tenant. If not claimed by the tenant within 12 months, the surplus and any interest accrued becomes the property of the landlord.
  
  

Tenants

• A month-to-month renter is required to pay the rent for the 30 days following the abandonment, or for the next rent payment, whichever comes first. If a lease is involved, the tenant is required to pay through the remaining length of the term, or until a new renter is found. If the property is subsequently rented for less, the abandoning tenant must pay the difference between his lease amount and the new rent. In addition, the tenant may have to pay the expenses of finding the new renter, as well as any legal costs. Actually collecting on these amounts is often a challenge.