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Landlord Tenant
My tenant abandoned the property. He also has rent dues. Can I get the possession of the house back?

My tenant abandoned the property. He also has rent dues. Can I get the possession of the house back?

Q: How do I find a tenant who skipped out?

To find a tenant who has skipped out, you can start by checking their last known address, contacting their emergency contacts, or using social media. Additionally, consider posting a notice at the rental property. If necessary, you may need to involve local law enforcement or hire a skip tracer to locate them.

Q: What if a tenant leaves belongings behind?

If a tenant leaves belongings behind, you must notify them and allow time for retrieval. West Virginia law requires landlords to follow specific procedures regarding abandoned property (W. Va. Code § 37-6-6). If the tenant fails to collect their items within the specified time, you may dispose of or store them.

Full question:

My tenant has gone missing from the rental house. He has left a few of his personal items behind. I need to take two months’ rent payment from him, but I don’t know where he is. Can I get my house back at least?

Category: Landlord Tenant
Date: 04/07/2025
State: West Virginia

Answer:

You can have the possession of your house back but first you may need to put a notice in the rental property, stating that the tenant needs to pay his rent within one month. You should put up this notice anywhere in rental property, where it could be easily noticed. If the tenant does not return and pay his rent within one month then the lease would end and you can occupy the rental house.

W. Va. Code § 37-6-6 says:

“(a) If any tenant from whom rent is in arrears and unpaid abandons the leased property, the landlord or his or her agent shall post a notice in writing in a conspicuous part of the property, requiring the tenant to pay the rent within one month. If the rent is not paid within that time, the landlord shall be entitled to possession of the property, and may enter thereon, and the right of the tenant to the leased property shall end. The landlord may recover the rent owed up to the time when he or she became entitled to possession.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if you leave stuff when you move out?

If you leave personal belongings behind when moving out, the landlord may have the right to dispose of or store those items. However, they typically must notify you and give you a reasonable time to reclaim your property. In West Virginia, landlords should follow the proper procedures outlined in state law regarding abandoned property (W. Va. Code § 37-6-6).

What happens if one tenant leaves?

If one tenant leaves a rental property, the remaining tenants may continue to occupy the property under the existing lease. However, the landlord may need to address any unpaid rent or lease obligations. If the lease is joint, the remaining tenants may be responsible for the full rent until a new tenant is found or the lease ends.

How do I find a tenant who skipped out?

How do you deal with an absent landlord?

If your landlord is absent and not responding to communication, document your attempts to reach them. You may need to send a formal written notice regarding any issues, such as repairs or rent payments. If the landlord remains unresponsive, you can consult local tenant rights organizations or consider legal action depending on the situation.

What to do if a tenant leaves stuff behind?

If a tenant leaves belongings behind, you should notify them in writing, giving them a reasonable time to collect their items. In West Virginia, landlords must follow specific procedures for abandoned property (W. Va. Code § 37-6-6). If the tenant does not reclaim their items, you may have the right to dispose of or store them.