Tenant Eviction. Left early/late rent

[Shawn Faris]

Looking for advice from others on a tenant dilemma. We are located in the Quad Cities (Bettendorf, Ia).

Situation:

- tenant late on December rent; had her physically drop off rent plus late fee on 12/10.

- 12/13 the check of course bounces due to her putting a stop payment on the check

- 12/13 I was notified that she turned off utilities on 12/12

- 12/14 I provided her email stating I would be checking on the property on 12/15 (24 HR notice)

- signed lease through August 2018

- I have $1650 ($1350 rent and 300 pet deposit) in security deposits

- upon checking on property I found that there are no items of value in my property and she had left all keys and garage door openers that I had originally provided her. I believe the manner that she locked the door that she has locked herself out.

- overall "damage" is very minor as it will involve cleaning up after her, taking out her trash, and carpet cleaning throughout ($200) to get cat puke out of carpet

- odd note was that she has a huge real Christmas tree which she left....who buys a Christmas tree if they intend to leave

- confirmed via talking to her mother (emergency contact on my pet agreement) that she has moved to a new rental property

- I have not filed the 3 days quit or cute as I'm concerned that the terminology indicates (perhaps I'm reading to far into it)that if she leaves the lease will be terminated. (Want to be able to have option to legally pursue my costs)

My questions:

1. Does anyone in Quad Cities have recommendation on attorney? We have been waiting 3 days to hear from ours, so I think we may be in need of a new attorney.

2. Is an "eviction" actually necessary given she has already left? This girl does not deserve to not have this on her records.

3. How do I know when I may take possession of the property? Is the utility shutoff and leaving of keys enough for me to take possession and begin moving forward with changing locks and re-renting?

4. Looking for people's advice on whether or not to pursue small claims court lawsuit for all my costs (rent, advertising, damages, legal minus deposits). Dead winter is not an ideal time to rent out a property so I expect it could take me 4-6 weeks or require discounting. I do know that she has a job (from her mother). I actually believe that she may work for the state of Illinois.

5. Would you work with attorney on lawsuit or file everything through small claims court yourself?

Thanks in advance for any referrals,advice, and suggestions. All of this of course happens as I am actively pursuing purchasing additional rental properties.

Shawn

[Nathan Gesner]

@Shawn Faris this is something every Landlord deals with at some point. School is in session. :)

You want to refer to Iowa Code 562a Uniform Landlord and Tenant Law

In particular, read 562A.12, 562A.29 and 562A.33.

I'm not an attorney but your case appears to fall under "abandonment" or "surrender." In both cases, you are authorized to enter and take possession. You should make "reasonable" efforts to find a replacement tenant. The previous tenant remains financially obligated for the rent, utilities, and other expenses until the replacement tenant takes over. If it takes you two months to clean the place up and find a new renter, you can charge for two months of expenses and lost rent.

You have more than enough evidence to prove she abandoned the property.  I personally wouldn't bother with an attorney. I may file with Small Claims or I may just send her straight to collections. It all depends on the situation, amount at stake, strength of my claim, etc.