My Tenant Has Not Been Seen For Several Weeks; Rent Is Paid. Can I Consider The Property Abandoned?

A landlord must be cautious in declaring rental property abandoned and taking possession. If a landlord mistakenly declares property abandoned and removes the tenant`s property, the landlord may be held liable for the property the tenant lost. While the tenant`s property may not seem valuable to you, the tenant may consider it to be very valuable and could sue you to recover. It is best for a landlord not to consider property abandoned while rent is paid. Once rent is past due it is best for the landlord to file a dispossessory affidavit and obtain a court order for possession of the property. This will protect the landlord from liability.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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