Legal Question in Landlord & Tenant Law in California
my tenant moved out and have not paid rent for 4 months. We went and changed the lock and saw she trashed the house. Is that ok to change the lock since she moved out but not given us any notice?
2 Answers from Attorneys
Just because nobody is home and the place looks empty when you see the property doesn't necessarily mean the tenant moved out with no intent to return or gave up their right of possession of the property. If you want to be sure the tenant has abandoned the property, there are rules in the Civil Code to follow to legally establish tenant abandonment. The rules essentially require giving notice of a belief of abandonment and waiting for the tenant to properly respond to your notice. If time expires without a proper tenant response, then it is deemed tenant abandonment. As it stands now, the tenant might come back, find the place locked up, and might claim an illegal lockout occurred.
PS: Not sure why a good landlord would allow a non-paying tenant to hang around for 4 months.
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