Can I post a notice of abandonment and if tenant calls to say she is returning, even if only to get her things, can I still take possession?
Question Details:
My tenant called on due date to say rent would be late as her car broke down out of state. She did not say when she would return. She has since not returned my calls for over a week. Her daughter has been coming daily to care for her cat. The daughter told a neighbor that the tenant took a job out of state and would be returning as soon as she was able to get her possessions left behind. Rent is now 10 days overdue.
If your tenant's rent is now 10 days overdue, I would serve her either with a 30 day termination notice of her lease or a 3 day notice to pay or quit if you actually want her to remain as a tenant and then see what happens. If you get no repsonse, then depending upon the document served, you seemingly would have to file an unlawful detainer action.
I see no basis for a notice of abandonment to be placed on the unit since the tenant's possessions remain from what you have written.
I recommend that you consult with a landlord tenant attorney regarding how you wish to deal with the current situation based upon the suggestions stated above.
