Tenant leaves before contract expires.
Question:
What do you do if a tenant just up and leaves the home with one day notice under a 2 year contract?
Answer:
If the tenant provided evidence of his intention to return possession to the landlord – e.g., gave written notice about leaving, turned in keys in a way that can be proven, left a message that was recorded or witnessed – you can immediately take possession, rekey locks, and begin preparing the unit for the next tenant. At the same time, unless the tenant agreed to make good on any damages and on the rent until you have a new tenant and you have a written promise or have other reason to think he might do so, you should proceed with a lawsuit.
From your stated “with one day notice” I assume you probably meet the criteria to proceed in this manner. However, I’ll mention a couple of possible other scenarios just in case I misinterpreted your statement or for possible future use.
If there is a reasonable question regarding the tenant returning possession, it can get a lot more complicated. For example, simply disappearing may not signify intent to return possession. Even when it appears the tenant has “abandoned” the premises, many states require following specific procedures before the landlord can take possession.
There are similar possible issues when a tenant has left behind personal property– e.g., clothing or furniture. Again, many states require specific procedures before the landlord can legally dispose of the property. In both the abandonment matter and the personal property matter, failure to follow the law can result in damages being assessed against the landlord if the tenant takes the matter to court.
If you need additional input regarding your current problem, feel free to ask, providing as much detail as you can.