How to evict if tenant has left property and cannot be located

[Ken Law]

I have a unique  eviction situation. My tenant was late on payment of rent and then went silent with communication. I stopped by the house and found that the tenant had subleased the house without approaval (prohibited in my lease) and has mostly moved out (just a few bags of clothes and random items). I still cannot reach the original tenant but have delivered a 3 day pay and quit for non payment of rent and violation of the lease to my house because I can not locate the tenant.  If I don’t hear from her, should I proceed with filing the eviction with the court or just quit the lease and then replace her with a new tenant.  If I find new tenants, can I still sue for unpaid rent if I never filed for eviction with the court?

The subletted tenants weren’t aware of the unapproved sublet. I’m evaluating them as potential replacement tenants if all checks out. 

[Cara Lonsdale]

@Ken Law your lease and/or state law should address abandonment.  This is a separate issue than non-payment and can sometimes be a shorter eviction process.  Check your lease and see what it says.  Check the court where you would file an eviction and see what the process is for an abandoned unit.

Regarding the sublet, it is good that you are in communication with the new subleasee.  Ask for a copy of the rental agreement that they may have.  Also, screen them before you determine whether they are keepers or not.  In the eviction, you would be filing an "et al" or "and any other occupants" to encompass both parties.  So, you will want to make sure you are going to keep the new tenant before filing anything.