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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41220
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I had a tenant who has been gone more than two months, her

Customer Question

I had a tenant who has been gone more than two months, her property still here, no rent paid. Will she be responsible for rent payments as long as property remains or can
I seize her property for unpaid rent?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Let me answer this point by point as to what you described.

In a situation where the property is 'abandoned', and by property I mean the unit itself that she is renting. Once she 'abandoned' you have the right to re-enter and repair the unit so as to rent it out to someone else. The items left behind would need to be returned OR you can box them up and charge a reasonable storage fee for them. Now, if you go that route, you need to mail the person notice that by a certain if she does not remove, such as 14 days or 30 days, you will begin charging a fee and will sell off or auction off her items to pay for the storage costs. This isn't 'seizure', the items do not become yours, but you can sell them or auction them off to cover your expenses.

Sincerely,

Dimitry, Esq.

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