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    AlabamaRaptor's Avatar
    AlabamaRaptor Posts: 25, Reputation: 1
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    #1

    Aug 1, 2012, 07:25 AM
    Property abandonment by tenant
    I have a tenant that signed a lease on July 16th. The property is located next to me and she still hasn't moved in. Rent is due on Aug. 1st and is late on Aug. 8th. Although she may pay the rent I'm concerned that she won't. If she doesn't can I just take the property back since no utilities have been cut on, she hasn't moved-in, and to my knowledge she hasn't even been there since she signed the lease on July 16th?

    This is in the state of Alabama.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 1, 2012, 08:09 AM
    Quote Originally Posted by AlabamaRaptor View Post
    ... If she doesn't can I just take the property back ....
    Does she have the keys? If so, she could argue that she has possession and needs to be evicted. But if I were you I would start trying to rent it out and sue her for what she owes you according to the lease.

    Give her a notice to quit. If she comes back within the time given in the notice and seeks to take possession, let her. Then go to court to evict her.

    If she comes back after the notice period has passed, she has effectively surrendered possession pursuant to the notice to quit. You don't have to let her in.
    AlabamaRaptor's Avatar
    AlabamaRaptor Posts: 25, Reputation: 1
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    #3

    Aug 1, 2012, 11:46 AM
    Thank you!
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