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(1) Property is presumed to be abandoned if the owner has failed to contact the lienholder for a period of not less than thirty days and the lienholder, in good faith, is without knowledge of any evidence indicating that the owner does not intend to abandon the property.
Failure to respond to a tenant abandonment notice If you still haven't heard from any of the interested parties explaining whether the property has been abandoned or not, you must issue a third warning. You must serve this notice at least 6 days before the period of 8 weeks has expired.
An abandonment notice is a written statement that must be displayed in a prominent, accessible position on the property informing the tenant that the locks have been changed and where to find a replacement key if they wish to return.
If you are unsure about claiming that a tenant has surrendered the property you can place an Abandonment Notice on the door of the property. This Notice needs to advise that the property has been deemed as abandoned and give a time say five days after which the locks will be changed if no contact is received.
An abandonment notice has no legal standing and does not end a tenancy. If a tenant in this situation returns to the property after a lengthy absence, for example a long holiday or a period in hospital, to find that it has been repossessed by the landlord this may amount to an illegal eviction.
If your tenant fails to give you the required notice (60 days for a monthly tenancy or 28 days for a weekly tenancy), your recourse is to try to re-rent the unit as soon as possible to minimize your losses.
You could be charged with illegal eviction (a criminal offence) and breach of the tenancy contract (a civil offence) if your actions prevent them from doing this. It is advisable to seek expert advice before doing anything that puts you at legal risk.
You must provide the landlord with your notice no later than 30 days after the landlord gives you the standard lease. In either case, you must provide the landlord with a written notice to terminate the tenancy at least 60 days before the last day of a rental period.
Your tenancy agreement should say how much notice you need to give your landlord before you leave the property. You're responsible for paying rent for your entire fixed-term tenancy. You can move out early without paying rent for the full tenancy if: there is a break clause in your tenancy agreement.