Every now and then, despite your best efforts at tenant screening and being a quality landlord in Park City property management, you will have a tenant that abandons a property. Sometimes they may tell you they are leaving, sometimes they may not. There are some differences between the two types of abandonment but there are also a lot of similarities. So what can you as a landlord do when a tenant bails? Let's take a look at the two different scenarios and what a landlord can do in Park City property management.
Abandoned Premises
Utah law has specific provisions for a tenant abandoning a premises, if you want to read the code yourself you can go here. As will all legal matters if you are unsure you should consult an attorney and I am not an attorney. The key first step in determining an abandon premises is if the rent is 15 days late. Once the 15 days has lapsed and there is either no reasonable evidence that the tenant is occupying the premises, whether they have left personal property behind or not, a property can be considered abandoned in Park City property management. If there is personal property left behind a landlord can have the property removed and must store it. If the property has not been claimed by the tenant after 15 days the landlord may sell the property to offset costs for moving and storage or donate the property to a charity. Once the personal property has been removed the landlord can attempt to re-rent the property. A tenant would be liable for the term of the lease, any unpaid rent up until a new tenant is found, reasonable commission or fee for renting property, plus any storage or moving fees and any damaged done ot the property.
Tenant Provides Notice
Sometimes in Park City property management when a tenant unexpectedly moves before the lease is up they may notify you beforehand. Hopefully this is done with enough time for you to begin touring the property and securing a new tenant before the current tenant moves out. This can really help make the best of a bad situation. If they tenant does not notify you ahead of time that they are leaving they are really making things worse on themselves. As in the situation with an abandoned premises the tenant is still responsible for rent up until the day a new tenant is found. If they are smart they will give you as much time as possible to find a new tenant or better yet refer a good tenant to you. If a tenant has an unexpected job transfer or family emergency that causes them to move and they proactively contact you about their situation you can really minimize costs for both yourself and the tenant.
Collection Options
If a tenant is left with unpaid rent I would recommend you turn the matter over to a collection agency once a total cost has been established. In order to do this you will need to keep accurate records and have proper lease and application information to provide to the agency. Submitting a collection my cost nothing or you may be required to pay a small fee. But trust me you are better off focusing on moving forward with your Park City property management operation and allowing the dirty work of collecting from former tenants be left to those who understand the legal aspect of collections.
If you would like more information on dealing with tenant abandonment, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation
I have previously written about a tenant abandoning a rental property in "Abandoned Premises - Tips And Info For Park City Property Management". In that article, which you can read by clicking here, I mentioned that there are sometimes instances when a tenant also leaves behind personal property. There are specific laws for Utah property management that pertain to the personal property of a tenant in these situations that must be followed. Today I would like to cover some of these laws and provide additional resources for Park City property management operations.
Abandoned Property
As always if you are unsure of your rights as a landlord, or what rights your tenant has in a situation, it is best to consult an attorney who specializes in Utah property management law. If you find yourself with a rental property that meets the criteria as abandoned, and the tenant's personal property is still present in the premises, this property must be treated in a specific manner. First an owner must post a conspicuous notice that the property is abandoned and send a letter to the last known address of the tenant stating the same. A property owner may have the items removed and stored at another location. The owner may also change the locks and store the items in the premises. Moving costs and storage fees should be calculated. If the items are left in the premises then the storage fees may simply be the regular rent rate. If a tenant requests to have their property returned to them a landlord must do so however the tenant must pay the associated moving and storage costs for their property. If a tenant does not request to have their property returned within 30 days of abandonment then the landlord may sell the property at a public sale and apply money from the sale to the storage and moving costs. The landlord may also donate the property to a charity. If the property is sold any money generated from the sale that is in excess of moving and storage costs must be returned to the tenant.
Exceptions
There are a few important points or exceptions that a landlord should be made aware of for Park City property management. Here are a few of the more interesting points in abandoned property law.
Regardless of whether the personal property is abandoned a landlord is not required to store the following items:
- chemicals
- pests
- potentially dangerous or other hazardous materials
- animals including dogs, cats, fish, reptiles, rodents, birds, or other pets
- gas, fireworks, combustibles, or any item considered to be hazardous or explosive
- garbage
- perishable items
If the remaining personal property does go to a public sale and the former tenant is present at the sale the tenant may designate which items are sold first. The owner can only sell as many items as is required to cover all costs accrued by the tenant under the terms of the lease, including storage and moving fees. The tenant may also bid on any items at the sale but must have money on hand to pay for these items. Any items that that remain to be sold after all the tenant's expenses have been paid must then be turned over to the tenant. If the tenant is not present at the sale and their current location is unknown any excess funds must be disposed of according to the Unclaimed Property Act.
If you would like more information about abandoned property, Park City property management, or the benefits of having a professional property manager then click the button below to set up a free consultation. You will receive valuable information on Park City property management as well as a no-obligation quote on our management services.
photo credit #1
photo credit #2
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".
photo credit #1
photo credit #2