Tenant moved out but won`t return keys.

[HOMESOLUTIONS]

If a tenant has moved out and cleaned the place but refuses to return the keys, can I assume the place has been abandonned and go in and change the locks? I have a new tenant waiting to move in.

 

[kfort]

What province? Is it still under lease? If they have moved out but it's still a few days until the lease is up they may just be trying to make life tougher on you and may possibly be returning them @ lease end. Did you do an exit inspection with them?



Check the landlord and tenant guidelines for your province to be sure.

 

[RandyDalton]

Hi,



What province are you in? In Ontario if they have provided you notice and the term is up, you can change the locks and move the new tenants in. If no notice, you can still change the locks however if they call asking for access, you have to give them a key.



Regards...Randy D.

 

[HOMESOLUTIONS]

Alberta. Yes he is still under lease till the end of October but he moved out today. I set up 2 different inspection days and he did not make either of them. I have read all the guidelines - just want to make sure I am doing things correct. Been a landlord for 6 years (10 homes) and never have had a tenant like this one. I know we have been blessed by mostly great tenants so it was my turn I guess.

 

[ChrisRichards]

In Alberta, the tenancy is broken when the tenant has abandoned the premises or when the tenant does something that makes the landlord reasonably believe that the tenant has ended the tenancy agreement. This is called "repudiation" of the tenancy agreement. Repudiation happens when the tenant does something that shows that he or she no longer wants to be bound by the terms of the tenancy agreement.



In your case, conclude the exit inspection (you have correctly given him/her two opps to be there), mail a copy to the last know address (which may be the property in question, but that's okay). Assuming you have a security (vs damage) deposit, include a statement showing total rents owed to October less SD, which hopefully your lease agreement says you can use against unpaid rent. This is your initial claim plus un-recovered utilities. State in your letter that you both have an obligation to mitigate damages (re-rent the suite) and that a final accounting reconciliation will occur once the suite is re-rented.



Re-key and re-tenant the suite. Conclude your reconciliation and mail a statement and any refund within 10 days. I include $25 per showing as my incremental cost, plus any shortfall in rent recovery to the end of the broken term. You are entitled to sue to tenant in Provincial Court for amounts less than $25,000.



Meanwhile, use the opportunity to give a lightening fast turnaround to your suite with new paint, etc.!



Cheers

Chris the Mortgage Broker

 

[Sherilynn]

Chris's info is excellent.



Keep in mind that the RTDRS is also an option in Alberta. Often quicker and always less formal than provincial court.