Q: Tenant moved out, provided no written 30 day notice, returned keys. As Landlord, how should I terminate agreement?
I plan to email tenant 24 hours notice to do a walk through of the home, for the security deposit portion. Do I approach this as an abandoned property, an eviction for cause for breach of tenant duties, or eviction for cause for lack of payment? Lack of payment assumed if no rent payment by the 5th and I send 144 hour notice.
A: The question is whether you are sure the tenant has terminated their tenancy. IF they have both moved their property out (and themselves of course) and returned the keys, you likely can consider them to have terminated their tenancy and restored possession to you. If there was no written notice and they were on a month to month tenancy, then you likely have a right to charge an additional 30 days of rent and subtract it from any security deposit as long as you provide the ex-tenant with a written accounting for all amounts being retained out of their security deposit within 31 days of possession being restored to you. A 24 hour notice before entering is likely not required but also a safety precaution in case they somehow are still in possession. There is no eviction here from your description. Do note that neither email nor text message is a lawful form of actual notice unless you have specified such in a written fee agreement. It is never a lawful form of providing written notice, such as 144 hr or 72 hour notices, or even a 30 day termination notice. IF they are out but have left property, then you will need to go through the abandoned property procedures. Good luck.
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