tenants

[Phillip Hunt]

I have my first problem with a tenant. 

My tenants lease ends on February 1st, however he has not paid January's rent.  Most of his possessions are gone and he rekeyed the locks.  He told me he would be back on the 12th which is today however, he has not returned and he will not return my phone calls.  What do I do.

[Steve Rozenberg]

Not sure in other states, but I do know in Texas which is a very pro-landlord state. We own our own portfolio of homes as well as manage about 400 homes and have been advised by not only our real estate attorney but a judge that unless you have complete and certain proof that they have "Abandoned" (Key word) the property you do not have a right to be in the premises. 

They call it the Rolex rule, unless you legally get possession of the premises back with a constable clearing the house and declaring that there is nothing of value in the property we have been advised not to go in. If we do and the tenant comes back and says not only was he not fully out but he had jewelry in the property and now its gone, we are liable and on the hook for it. And possibly be in court defending ourselves with a smart and savvy tenant. Our golden rule is that no matter if we think or don't think the tenant has vacated and abandoned the premises, unless they come into the office and we have a notarized document stating they have left we go thru the eviction and writ of possession. We do this on our own personal properties as well as ones that we manage.

If you do plan to go in, I would do as others stated and take as many pictures and full video of the home, I would also make sure to take pictures of the power being off (A red Tag) and the water or gas being off as well. Just a CYA to build your case a much as possible incase your ever called on the carpet to explain.