Q: Is it better to proceed with abandonment vs. eviction (UD) if a tenant has abandoned the property but left belongings?
Person signed a lease February 1, moved in, never paid rent or deposit (wrote bad checks for this). Never returned to property after outrunning sheriff during police stop on March 7 (has 6 warrants). Left all belongings but sent movers to retrieve some of belongings March 31. Texted landlord saying she was not abandoning the residual belongings and she still had legal possession of the property. She has disconnected power and internet. I had already started the Unlawful Detainer process. Is it better to see the UD process through or file for abandonment?
A: You need to serve (post and mail) a notice of Abandonment of Real Property. Wait 14 days after service and if you do not hear anything back, change the locks. Following that, you must then mail a notice of Abandonment of Person Property. You have to wait 18 days. If tenant contacts you, they have to make arrangemebt to pick up, if not, and based on your good faith estimate the value is less $700 of items left behind, you can throw out. If more, you must put in public action. You do not need to necessarily file an unlawful detainer action, but in either case, I would recommend contacting our office at admin@hdrlawgroup.com or elect any law office that specializes in landlord-tenant law to assist you in this matter.
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A:
In this situation, it may be better to proceed with the abandonment process rather than continuing with the eviction process. If the tenant has not paid rent or deposit and has left the property without any intention of returning, it may be considered abandonment. The landlord should follow the legal procedures for handling abandoned property, which typically involve giving notice to the tenant and allowing a certain period of time for them to claim their belongings.
However, if the tenant has left behind a substantial amount of belongings and has claimed legal possession of the property, it may be necessary to continue with the eviction process in order to regain possession of the property. It is important to consult with a qualified attorney to determine the best course of action in this specific case, as laws and procedures may vary depending on the jurisdiction.
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