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In order to reclaim the premises on the basis of abandonment, the tenant needs to be gone for longer than a night. So, unless you have a court ordered writ of possession, the tenant is still entitled to possession of the leased premises for the remainder of the lease term.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
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