Summary
Be sure to keep a written record of events to back up your case should you ever need to prove in court that all possible attempts were made to determine that a unit was abandoned. Jon Peterson, an affordable housing attorney with Winthrop & Weinstine in Minneapolis, recommends that sites take precautions against potential abandonment problems by including a clause in the lease stating that, "if the site manager has consistently tried to reach the resident for a period of 30 days, and the resident doesn't respond, the unit will be deemed to be abandoned." Another issue to consider is the type of lease that you have with your resident. "If you are using a month-to-month lease, and you don't receive your rent on the fifth of the month, you can send a letter canceling the lease effective as of the next month," Peterson says. "It skirts the entire abandonment issue, because the resident is a holdover tenant, so you have the right to remove his things."
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Extract
How to Deal with Abandoned Units
What do you do when you suspect that one of your units' households has gone missing? The rent is late, their mail hasn't been collected, and neighbors say that th...
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(Copyright 2011)
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