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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27622
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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SC Richland County tenant has not paid July rent will not return

Customer Question

SC Richland County tenant has not paid July rent will not return phone calls emails. Lease has clause for If TENANT DOES NOT PAY RENT ON TIME: LL can start eviction without notice. Went to Magristate Court yesterday started process. Tenant new address is unknown. As of yesterday some items were in the house.
Rent is due on the 1st late on the 5th with a late fee of $50.00 Sent email for a 24 hour notice to enter property on Monday; Yesterday a few items in the house today the house is completely empty tenant had to move out during the night. the Lights still on
check with Utilities Co and are not scheduled to be turned off yet. Can LL change locks seems the house has been abandoned and no keys returned to LL? NO contact written or verbal from Tenant.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Good afternoon. If the tenant has abandoned the rental property and there is evidence to support it, then the landlord could change the locks to protect and preserve the rental property. The landlord can post a notice on the door as well, advising the tenant that if there are items which they still need to retrieve, to please contact them and you will make arrangements to allow them entry. If they did not pay the rent, moved a majority of their possessions out and have not been returning any of your communications, it would not appear they are going to remain and just wanted to get out of there.
Customer: replied 2 years ago.
Do we still need to keep the eviction notice in force and the complaint and judgment that we paid for, both were non refundable. If we do get a known address still have the eviction served and in the meantime rent the property out?
Customer: replied 2 years ago.
waiting on a response
Expert:  RealEstateAnswer replied 2 years ago.
Sorry for the delay. I was having connection issues. If the tenant has vacated, then you do not need to go through the eviction process. The issue would be moot since they moved out. The goal is to make sure the tenant has no intent to return, if they moved everything out and let, it would be clear. If you have concerns and think they may try and come back, then you can continue with the proceedings.
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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