PA Tenant Abandoned Property

[Raquel L.]

Soooo.. this is a complicated topic.

Complication #1- The tenant is a family member. Don't worry, yes, I had them sign a lease, a mold addendum, rules & regulations, and an addendum for drug-free housing.

Complication #2- They moved out with prior notice (which is required, 30 days in advance of the 1st of the month), leaving behind TONS of possessions, and moved into a shelter.

Complication #3- I was never given notice. However, they left a note for my Mom saying they were moving out because of mold in the unit due to a leak (a leak I was never notified about, and mold that wasn't there when I rented it to them). The last repair in their unit was back in April, which is exactly where they say the new leak is (you know, the leak they never told me about).

Complication #4- Ugh. I'm so mad at myself for this. Instead of requiring two month's security deposit (and believe me, family or not, this was a total necessity), I required one month security deposit, and last month's rent. They handed over the keys on June 6, which means the clock is ticking for me to itemize and mail them, although they didn't provide a forwarding address (I will mail it to the property and to my Mom's house, because she can always find family members).

Here is my question. Given the fact that they broke their lease and abandoned the property 4 months before their lease was up, what are my rights in regards to the last month's rent? They handed over the keys on June 6, but didn't say they were completely out until June 9. I know that legally, the keys signify possession, which means I need to send an itemized list regarding the security deposit in the next 30 days--but what I don't know, is what happens to the last month's rent since they're breaking their lease, without permission?

[George C.]

@Raquel L. 

I just went through this with a PA tenant that abandoned a house. I sued her in NJ where she moved back to.

  In our leases we state that any and all notices for repairs or lease issues must be in writing with reasonable proof of delivery to out addresses (no phone calls or texts). This way what they pulled (telling your Mom) doesn't get them out of the notice required.

  The point of a lease is to hold each other accountable, it's a contract binding on both of you, you not to kick her out and her not to abandon. I would hold her accountable till it's re-rented, you have to mitigate the damages by trying to find new tenants asap, so get it advertised and be able to show proof that your advertising.

  I would consider all of June till the end of the lease term owed till it's re-rented, which ever comes first and sue for that. Make them enforce the contract.

  Write up a move out repair & security accounting asap and get that sent out certified. If their negligence to notify you of a repair caused more damage, I'd charge for that repair as well.

  My tenant never showed in court, I was asked for proof of my claims right then and there to proceed with my case to get a judgment, now past the 60 day appeal time period I petitioned for wage garnishment. on their jobs in NJ. The judge I went before was ready to shoe me away, seemed to be a bleeding heart, but I had all my proof so he had to go ahead with my trial & judgment.

  Make sure you have *all* your proof if you go to court.

  I don't rent to family or anyone I know anymore, I've been down that road before, never again. It's all just business now.