| Tenants who are behind in the rent commonly | | | | known address, which is usually your rental |
| just pack up and go without saying a word to the | | | | property. I also advise clients to serve the notice |
| landlord and with time left on their lease. When | | | | to all addresses where the tenant is likely to |
| you believe that your tenant has fled under cover | | | | receive it such as work addresses or the |
| of darkness and that your rental property is now | | | | addresses of relatives stated on the rental |
| uninhabited, what should you do? | | | | application. The notice can be served either |
| The answer has two parts. First, you need to | | | | personally or by first-class mail. |
| terminate the tenancy and prevent the tenant | | | | Once the landlord serves the notice, the tenant |
| from returning. Where I practice in California, the | | | | has 15 days (18 days if the notice was served by |
| law provides a simple method to achieve that | | | | mail) to respond in writing. In the response, the |
| goal. The landlord in such a circumstance need | | | | tenant must state that he has not abandoned the |
| only serve a Notice of Belief of Abandonment on | | | | premises and must provide the landlord with an |
| the tenant. (I provide a form notice as part of a | | | | address where the tenant may be served by |
| packet of forms that I give to my to landlord | | | | certified mail with any eviction case. If the tenant |
| clients free of charge). When can the landlord | | | | does not provide such a writing within the 15 or |
| serve such a notice? The tenant must be | | | | 18 day time period, then his tenancy is deemed |
| fourteen days behind in the rent. The landlord | | | | terminated and the landlord may re-let the |
| must also "reasonably believe" that the tenant has | | | | premises. The landlord is also free to serve a |
| abandoned the premises. | | | | 3-day notice to pay rent or quit at any time |
| By "reasonable belief" the law means that the | | | | permitted by the lease. |
| landlord must have facts that reasonably lead him | | | | Second, the tenant's abandonment does not |
| to the conclusion that the tenant has left, facts | | | | cut-off his obligation to pay rent. The landlord |
| such as accumulating mail or newspapers, | | | | must use reasonable efforts to find a new tenant. |
| disconnected phone or utilities, lack of vehicles, | | | | If the landlord does so, the abandoning tenant is |
| failure of the tenant to answer the door, and, if | | | | still obligated for the rent through the end of the |
| it's possible to see in from the outside, the | | | | term. The tenant's obligation ends when the |
| appearance that the premises are empty. Just to | | | | landlord finds a new tenant, assuming that the |
| be sure, I advise clients to post a 24-hour notice | | | | new tenant is paying the same or higher rental |
| of entry on the door and then return the next | | | | rate. Once a new tenant is found, the landlord will |
| day and enter the premises to check if the | | | | be able to calculate the lost rent due to the |
| tenant has moved out. | | | | tenant breaking the lease and may sue the |
| The next step is to serve the notice. The notice | | | | former tenant. |
| must be in writing and served at the tenant's last | | | | |