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Updated 12 months ago on . Most recent reply

User Stats

26
Posts
3
Votes
Shane X.
  • Real Estate Investor
  • LI, NY
3
Votes |
26
Posts

90 day notice was sent to tenant...

Shane X.
  • Real Estate Investor
  • LI, NY
Posted

A 90-day notice to vacatewas issued to the tenant, as their lease expired in July. A state official delivered the notice. The tenant, who had unauthorizedly sublet the basement, along with all occupants, was ordered to vacate by February 29th, despite him being the sole leaseholder.

If I arrive on March 1st and find the property vacated (cars gone and it's clear the inside was cleared) am I permitted to change the locks and take possession? I've received mixed advice on this matter.

Some have informed me that I must officially receive the keys and obtain evidence of the tenant's formal surrender of the property. '

Despite attempts to communicate with the tenant since December, including two attempts to arrange key collection on the 29th, I've received no response.

What is the correct procedure if the property is empty by March 1st but I never got the keys back?

I'm aware that if the tenant remains, legal action will be necessary.

Most Popular Reply

Account Closed
  • Property Manager
  • San Diego, CA
42
Votes |
65
Posts
Account Closed
  • Property Manager
  • San Diego, CA
Replied

You are not always going to get keys back. If the place is empty, and they clearly moved out, change the locks and get it re-rented. 

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