Abandoned Premises - Tips And Info For Park City Property Management
Although generally infrequent, situations where a tenant abandons a property can occure, and for a variety of reasons. In today's blog post I want to give you some of the basic information on Utah property management law regarding abandonment and abandoned premises. Along with that basic information I will provide links to the Utah code so you may continue your research further. This should help any landlord make informed decisions in their Park City property management business.
Abandonment
There are specific requirements in Utah property management law that must be met before a property can be declared abandoned by a tenant. This is so that mistakes on the part of a landlord, for example a tenant taking a long vacation or being away on a business trip, can be avoided. Abandonment can be presumed in one of two ways, depending on whether or not the tenant's property has been left behind. Let's take a look at abandonment with personal property left
behind. The first step in determining abandonment is if the tenant has not notified the landlord that they will be absent from the property. Second the tenant has to have failed to pay rent within 15 days of the date rent was due. And third there is no reasonable evidence, beyond the presence of the tenant's personal property, that would indicate the tenant is still living in the property. The second method for determining abandonment when a tenant's personal property is not present is slightly different. Again, notice of the tenant's absence from the property has not been given. The tenant then fails to pay rent when it is due, the tenant's personal property has been removed from the premises, and there is no reasonable evidence the tenant is occupying the property. If either of these conditions are present the property is considered abandoned and certain actions can take place.
Abandoned Premises
Once a property has been determined to be abandoned the property owner can begin to move forward with getting the property rented again. Utah property management law allows for the owner of a property to remove any personal property left behind by a tenant but requires that 
the items be stored for 30 days. A tenant who abandons a property can also be held accountable for the remaining rent due to the terms of the lease or for rent accrued during the time at which the property is vacant. If the property is re-rented at a fair market value and this is less than the amount specified in the tenant's lease the tenant will also be responsible for the difference. If there is any damage to the property above normal wear and tear then a landlord can include any repair costs in the amount a tenant owes. A landlord can also charge reasonable moving and storage fees for any personal property that must be kept for 30 days. The landlord must make a reasonable effort to inform the former tenant of the location of his property but if, after 30 days, the property is unclaimed the landlord may sell the property to offset their costs or donate the property to a charity.
Summary
It is important for a landlord be proactive if he has reason to believe a tenant may abandon a property. Things like frequent rent payments, asking to be released from a lease, and talks of job transfer are all clues that a tenant may be on the way out. Stay in contact with your tenant. If they leave stuff behind you have to wait the 15 days, if they don't you should move quickly to get your property rented to somebody new. These simple tips will help you in your Park City property management. For a full text of the applicable laws click here.
If you are interested in learning more about property management Park City Utah, download our free white page "5 Questions Every Landlord Should Ask Themselves".
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