Tenant MIA (lease, eviction, deposit, credit check)

[nstorm]

The tenant I have (had), always paid late a few days every time with a different excuse. He missed last month rent but he kept promising he is going to make the payment for last month and this month on June 6th. He stopped returning my calls on June 5th and now (June 13) after sending him a letter of late fee and amount due, I drive to the house and I notice the tenant has vacated the house (95% of his belongings are gone). I was going there to put the eviction notice but it seems that he's gone. He might be back for one more trip to get the rest of his stuff.
My dilemma now, I want to rent it as quickly as possible but will there be a problem if I put the FOR RENT sign now?
Can I change the locks and get rid of his 5% of belongings (old TV, some clothes, some canned food in the kitchen, shampoos, shaving cream, etc..
I am not able to get hold of him at all, he doesn't return my calls and he ignores my letters.

As of now, he is late 2 months and he is breaking the lease that ends on Nov 1, 2008.

I had done a credit check on him and everything was in order. He does makes enough money to pay the rent.

Any advise will be greatly appreciated.

[Hollytree]

If I were you I'd give my lawyer a quick call. The next thing I'd do is send a certified letter to the address stating the facts and that it appears he has abandoned the property, etc. It will come back, of course, but you need evidence that he was contacted. Then, start advertising the property- you need to mitigate your damages ASAP. Ask your attorney if it's safe to rent it as of July 1. You may have to store the remainder of his stuff for x no. of days according to your state laws.
Then, go after the SOB is small claims court and ruin his credit. He's just ruined your last 2 mos. It's unconscionable if he could afford to pay and didn't ! (hope you have a mos. deposit) by being an irresponsible %$#@! But, on the plus side, you didn't have to evict him.

[nstorm]

I was caught by surprise, he might have some financial difficulties or something. I wouldn't have cared if he broke the lease, but to leave that way with 2 months behind and without saying a word, is totally irresponsible. I do have enough to cover for a month or two.
As far as claims court, I will for sure go after him, I do know where he works as well and he is not going to quit that job so there is no chance of him leaving the state.

[texdav]

I thnik you may find that you can take it as a loss on your taxes.The thing about going to copurt is you may get a judgement but collecting is another matter.

[ESFP]

Yea, he's gone. Stand by for unpaid water bill and electric bill, along with his creditors bothering you and future tenants. As for tax breaks for loss of potential income, you'll have to talk to a professional in your area about that. You checked this guy's credit and it was OK. If you don't report this, the next landlord will check his credit, and it will be OK again. Deadbeats depend on landlords' giving up.

[nstorm]

I do know where he works and his work phone number. I can give that number to the creditors, let them go after him.

[Bob The Builder]

Depending on your state laws, you have an abandonment issue which usually require a notice be posted.

The tenant may owe you a few bucks, but is it worth the grief? Move on.

[fjtee]

You need to read up on landlord-tenant law in your state. I don't know where you are, but when I was a landlord in Oregon, they had the statutes up online. I bet they do in your state, too. So, start there and contact an attorney if it's not clear how to proceed. I'm glad you've got a couple months covered - it's so stressful.

[Hobokenkitchen]

Originally Posted by Bob The Builder

Depending on your state laws, you have an abandonment issue which usually require a notice be posted.

The tenant may owe you a few bucks, but is it worth the grief? Move on.

Yes it is. Both for the unpaid cash, and for future landlords who may get suckered the same way.
Do not let him get away with pulling this stunt, both for yourself and the next landlord.

[ShaneSA]

It all depends on state law. I would have started eviction process the first time the rent was late. That way you get a reputation of being fair and hard nose about getting the rent on time.
If the place is essentially empty, in most states you can take what is left and put it away in case he comes back. Then start the process of getting it ready to rent for the next tenant. Including changing the locks. Consult the state laws and be sure of the details.