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You are here: More Topics > Landlord/Tenant > Evictions Questions & Answers: A Guide for Landlords > What if the tenant seems to have moved out?
If rent is 14 or more consecutive days overdue and the landlord has good reason to believe that the tenant has moved out without letting the landlord know, this is called abandonment.
If this happens, the landlord can send the tenant a Notice of Belief of Abandonment that includes the name of the tenant and the address of the rental unit. It must also say that this is a Notice of Belief of Abandonment and say what date the landlord is ending the lease. The date must be at least 15 days after the landlord serves the notice in person, or 18 days after s/he serves the notice by mail. The landlord must also sign and date the notice. Click here (PDF, 62 KB) to see an example of this Notice.
The tenant has 15 days if served in person, or 18 days if by mail, to send the landlord a response telling him/her that s/he didn't mean to leave, or, to pay the landlord all or part of the rent that is owed.
If the tenant doesn't answer the notice, the landlord can move back in or rent the place to someone else without having to file an Unlawful Detainer.
BUT, the landlord must very careful because if the rent wasn't overdue for 14 days, s/he didn't wait long enough for the tenant to answer, or s/he had no good reason to think that the tenant moved out, the tenant could sue the landlord for "wrongful eviction".
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Last modified: 03/17/2008
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