Tenant says they are not coming back. Sell they're stuff.

[Barbara Cloyd]

I have a 2 bed/1 bath rental in a 55+ community in Riverside, Ca. Last week I had a neighbor of my rental call to inform me that another neighbor had called the police to do a welfare check on my tenant. Due to my tenants mail overflowing and not seeing her for 2 weeks. I called the tenant and left a voicemail she texted me back (she would only text) saying that her daughter had to have surgery and she would return that following Tuesday. Rent was due that Wednesday. I texted her on Thursday saying rent is late, she tells me she mailed it out Monday and included the $50 late fee. Still have not received rent check.

This morning I received the following from her in a text.: "I am still at my daughters. I do not know when I will be back. Things are not good. The rent check got returned to me. So, please use my deposit  for September rent and sell anything you want. I will not be back."

We have a year lease that ends in June of 2019. I am not sure how I should proceed. Any info on how to handle this appropriately would be greatly appreciated.

[Jeff Copeland]

I agree with @Johann Jells - If you are in contact with the tenant and they are being somewhat cooperative, consider yourself lucky! 

You might consider engaging an attorney to draft a "Mutual Agreement to Terminate Lease" or something to that effect that is valid in your state.

A simple 1-2 page agreement outlining that 1) she has surrendered or abandoned the premises, 2) you have her permission to dispose of her personal property, 3) and you have her permission to liquidate her deposit for past due rent, can save you tons of potential legal headaches down the road, and would likely be far less expensive and time consuming than an eviction.

Forget trying to collect on the remaining months of the existing lease. Instead, focus on the fastest way to legally regain possession of the unit and get it performing again.