I'm sure that it varies from state to state, but our company doesn't consider having possession without the tenant giving us the key.

[pics forthcoming once I have them in my possession]

@Brandon V. the moment they notified you they were out, you can take possession of the unit.

Unfortunately, not all individuals possess the resources needed to acquire these important needs.

Of the 6 units, 2 are in good standing with their lenders (i'm one of the two), 2 have been foreclosed and are in the bank's possession and 2 have lis pendens and will soon be in the bank's possession.  

Please be sure that you remove all of your possessions, including any furniture, food, plants, and trash.

We sent the letter and had to wait 10 days of no response from tenant to gain possession of the unit.

The buyer gets possession, but the lender holds the title until the contract is satisfied.You can also do a wrap, aka an AITD (all inclusive trust deed).

We also make sure the tenants understand the full security deposit stays with us until the unit is returned to our possession at the end of tenancy.  

The attorney at the title company said if they cannot find the owner of record to sign a quit claim deed, he said the next option would be to file an adverse possession suit and quiet title action.