When can I enter after tenant vacates the house and breaks lease?

[Bonnie Galvan]

Hello. I'm a longtime lurker and brand new, accidental landlord through an inheritance.  I have a quick question I was hoping some more experienced landlords might be able to advise me on.

If it is discovered that tenants have vacated a house, breaking their lease two months ahead of time, is there a legal time-frame as to how long I, as a landlord,  have to wait to enter the house?  The tenants vacated the house at the end of October.  They have not paid their November rent, which is due on the 1st and considered late after the 5th.  Today is the 2nd.

At what point would it be considered that the tenant has abandoned the house and I can go enter it and change the locks?  After the 5th, with a vacant house and no rental payment, I'd think I should be able to enter my obviously-vacant property and secure it, but it IS in California,  which tends to have all kinds of weird laws out the wazoo. I don't want to risk doing anything that could possibly be illegal. I'm just concerned with my house sitting vacant with keys still "out there."  I live four hours away, so it's not like I can easily drive by everyday to make sure it looks secure.  

I want to make plans to travel to the house and secure it as soon as I legally can.  Would that be the 6th, or must I wait a certain time frame that is longer than that?

Thanks in advance. 

[Bob Okenwa]

I am not sure as to what your states' laws are in regards to abandonment or what your landlord/tenant act looks like, but you should consult with an attorney and go over what steps you should take to rectify the situation and get your property back so you can get it cleaned up and rented. 

There may need to be a notice sent to the tenant or their emergency contact and possibly a notice put on the front door. You're probably going to have to hold onto any personal items left behind for a certain amount of time as well before disposing of it.

All in all, try to get a phone call or sit-down with a real estate attorney and go over the exact steps you need to take in order to successfully move on from this tenant.