In some circumstances a landlord may consider a dwelling
abandoned. If a tenant has abandoned the premises, the
landlord is entitled to enter the premises, change the
locks and remove all personal belongings left behind.
Whether a dwelling has been abandoned is a difficult issue
to resolve because there is no clear definition. This
principle is based upon the tenant's intent -- not on
landlord's desires. If a tenant has clearly expressed an
intent to return to the premises then clearly the tenant
has not abandoned the premises. If a tenant has paid the
rent for the month, then a landlord cannot consider the
premises to be abandoned even if the tenant never occupies
the dwelling at all. While this may be a correct
interpretation, a tenant would be wise to make contact with
the landlord (preferably in writing) to explain the
situation so as to avoid any difficulties. If a tenant is
behind on rent, and the tenant has not occupied the
premises for five days consecutively and much of the
personal belongings of the tenant have been removed, many
leases state that the landlord can consider the premises to
be abandoned. Again, this may or may not be correct,
however, a tenant would be wise to make contact with a
landlord to remove any doubt about whether a tenant has
left the premises. This situation often arises when a
tenant is in the process of moving. It is best to move all
at once if possible, rather than leaving various items
behind. If you need to leave certain items it may be
advisable to inform the landlord of the situation in
advance. (However, if the tenant owes rent, and the
property could be subject to a landlord's lien, this
notification may result in the landlord seizing the
property until you pay the rent.)
If you did not intend to abandon the premises and the
landlord took control and disposed of your property you
should consider sending the landlord a demand letter and
suing for the return of your property or its value.