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Before worrying about what to do regarding filling a vacancy, you need to be sure that you have legal possession of the unit. That is, you need to be sure that the old tenants have no right of possession.



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It is not highly unusual for a tenant who appeared to have moved out to claim that his personal property left on the premises had not been abandoned. As might be expected, the value of what disappeared is usually claimed to be quite high. That is, pieces of junk become valuable antiques. Abandoned property laws vary widely among the states.



Minimizing questionable vacancy issues begins with including in the lease agreement clauses regarding procedures for vacating. That is, words as to what the tenant must do when vacating and what will happen if the tenant fails to act as agreed.



Abandoned property laws of some states might have priority over such lease clauses, but such clauses can still have value in Court and, even if that isn't certain, they can discourage tenants from pursuing the matter to begin with.



Once you have legal possession you can document any tenant damages both by a written description and photos. It is best to always use a move-in/move-out check list and the use of one is required by law in some states. Accordingly, complete the move-out sections immediately upon first regaining possession of the unit and before removing any abandoned property, doing any cleaning, or making any repairs.



You should be certain to return any amount of the security deposit remaining after charging for unpaid rents and damages and/or provide the tenant with a detailed accounting for the amount not returned within the time frame required by the law of your state. Detailed discussion of security deposits can be found in our "Managing Income Property" eCourse.



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