A tenant leaving without notice could be one of the most frightening experiences for a landlord. It’s very important that you follow these steps to achieve a potentially more positive experience than you may expect. Evidence of abandonment constitutes of any of the following: the return of keys, the substantial removal of your tenant’s personal property, a notice by your tenant, the extended absence of your tenant while rent remains unpaid, or any other evidence which would cause a reasonable person to believe that your tenant wrongfully quit the premises and indicated by words or deeds that they do not intend to resume tenancy.

Mitigation of damages and personal property

If your tenant abandoned the premises, they will be liable for the lesser of the following:

  • The entire rent due for the remainder of the agreement term and any expenses for actual damages caused by the tenant which are incurred in preparing the premises for a new tenant; or
  • All rent accrued during the period reasonably necessary to re-rent the premises at market rate; the difference between such market rate and the rent agreed to in this agreement; expenses incurred to re-rent; cost to repair damage caused by the tenant; and a reasonable commission, if incurred by you, the landlord, for the re-renting of the premises.

If there is no appeal from a judgement granting summary possession, you must immediately remove and store, at the tenant’s expense, any and all items left on the premises by your tenant. Seven days after the appeal period has expired, the property shall be deemed abandoned and may be disposed of by you without further notice or liability.