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Gayle

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Posts: 5
Reply with quote  #1 

Hi,

I had tenant move out during the middle of the month without paying rent or giving me notice.  He left some chairs a washing machine, cloths and a big mess. He will not return my calls.  I put a 3-day pay or quit.  I know he is gone and not coming back and I don't know where he went so I can’t serve him an eviction.  Can I go in, start cleaning up his mess, and throw away his stuff? I live in NM. 


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Gayle garcia
LLinVA

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Posts: 186
Reply with quote  #2 
How do you know he left? What if he went on a vacation without telling you, is in the hospital, or visiting his dying father? 
Gayle

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Posts: 5
Reply with quote  #3 

Hi,

He left a couch, a chair, washer, dryer, kitchen table and lots of cloths.  He did not pay rent and he have been gone since the 12th.  He just texted and said he moved out and left the house. 


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Gayle garcia
AccidentalRental

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Posts: 40
Reply with quote  #4 
Hi Gayle,

Nolo has a great article about abandoned rentals in NM and how to deal with the personal property left behind.  You need to hold anything that's not garbage for 14 days but aren't required to contact him.  You do need to make the property available to him during this period though.

Did he return the keys?  How much back rent does he owe?  You can use your Security Deposit to cover unpaid rent but you need to try to re-rent it ASAP.  Do you know where he went?  Can you find him and sue him for the damages and unpaid rent not covered by your Security Deposit?

You might want to contact a local lawyer and get a professional opinion as you may need a formal eviction before re-taking possession.

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Domenick | AccidentalRental - A profitable resource for new landlords

LLinVA

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Posts: 186
Reply with quote  #5 
A lawyer is always best. Save a screenshot of the text as proof that he did actually move out. People are not required by law to keep a lot of stuff there, so that on its own is not proof that he left. Technically, not paying rent doesn't mean he left either. So the text is vital in this situation.

It sounds like you might have to keep his belongings for a short amount of time, but I would move forward as quickly as you can to keep the place cleaned, locks changed, and get a new tenant in. The likelihood of getting anything out of him is so low it probably isn't worth pursuing. Just move forward.
BritneyR

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Posts: 224
Reply with quote  #6 
If you are confirmed that your property has been truly abandoned, move on as quickly as possible to clean the unit and fill the vacancy.
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Hunter Rentals & Property Management

Gayle

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Posts: 5
Reply with quote  #7 
Hi,

Yes it has been confirmed he abandoned the property.  He left a lot of stuff there.  I was told that I have to send him a letter letting that he has 30 days to get is property or it will be deposed of.  I don't know where he went.  What should I do? 

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Gayle garcia
Gayle

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Posts: 5
Reply with quote  #8 
Would a text be ok as notice.  I know he has the same phone number. 
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Gayle garcia
LLinVA

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Posts: 186
Reply with quote  #9 
Do whatever you can to reach him and document it all so that if he comes back in 3 months wanting money for all the stuff you threw away, you have a good defense against his claims. 
Gayle

Registered:
Posts: 5
Reply with quote  #10 
Hi,

I had to clean up the house it was a mess.  I don't think they cleaned the whole time they were there.  Anyway, I cleaned it myself.  It took me 16 hours to clean it. Can I charge for cleaning I did myself also how much an hour should I charge?  I also had to pack and more all his stuff to storage.  It took me 6 hours to do so.  I changed the locks I know I can charge him for the locks can I charge him for my time of installing them.  It took me a couple of hours because I did not know what I was doing. LOL. 

Please let me know your thoughts. 

I am in NM. 

GG

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Gayle garcia
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