If a tenant has been gone for over 6 months and not paid rent, can I re-rent the apartment?

Tenants who are renting a property from a landlord have certain rights, often referred to as tenant rights, that describe how they must be treated and certain responsibilities as to how they must maintain and pay for the property in order to avoid eviction proceedings.

While tenants have rights, landlords have rights as well, sometimes called landlord rights. If you, as a landlord, do not hear from your tenant for six months, and the tenant seems to be gone and has not paid rent in that time, it is in many cases legal for the landlord to re-rent the apartment. However, the specific rules for when a landlord can re-rent the apartment (i.e. evict the previous tenant) and clean out the apartment may vary based on landlord rights and tenant rights by state.

The Rules for Re-Renting an Apartment Based on Landlord Rights

In general, based on landlord rights, in order for you to evict a tenant, the tenant must have failed to pay the rent for a certain amount of time. Six months should, in every state, be long enough for eviction due to non-payment.

Technically, however, the landlord is supposed to give the tenant written notice of eviction, based on tenant rights. The tenant must be made aware of the eviction, and given a reasonable amount of time to make good on the rent payments before the eviction takes place. If the tenant is not around, this “notice” requirement may be an issue. To get around this problem, giving notice can sometimes be accomplished by posting an advertisement in the newspaper or in another public forum or by sending the eviction papers to the last known address.

Once you have given proper notice, you’ll need to be cleared by the court to evict the person. Usually, a sheriff will come to clean out the belongings of the tenant. Based on tenant rights, a landlord may also be obligated to store property, if it exceeds a certain value.

Getting Help

To ensure you don’t get into any legal trouble yourself for evicting a non-paying tenant, it is a good idea to consult with a lawyer before you take any action. An attorney can explain landlord rights and tenant rights in detail, to help you avoid a costly lawsuit.

Case Studies: Landlord Rights and Tenant Abandonment

Case Study 1: Tenant Abandonment and Unpaid Rent

John, a landlord in California, rented out an apartment to a tenant named Sarah. After six months, Sarah suddenly disappeared without paying any rent. John tried to contact her but received no response. Concerned about the financial loss, John wonders if he can re-rent the apartment without facing legal consequences. This case study explores the landlord’s rights and the eviction process in California.

Case Study 2: Notice Requirements and Alternative Methods

Lisa, a landlord in New York, had a tenant named Mike who stopped paying rent and disappeared for over six months. As per New York state laws, Lisa must provide written notice to the tenant before initiating eviction proceedings. However, since she couldn’t locate Mike, she explores alternative methods of giving notice, such as posting an advertisement in the local newspaper. This case study highlights the notice requirements and eviction process in New York.

Case Study 3: Legal Consultation for Landlords

Alex, a landlord in Texas, finds himself in a predicament when his tenant, Emily, hasn’t paid rent for over six months and has abandoned the property. Worried about the legal implications of re-renting the apartment, Alex decides to seek legal advice. He consults with an attorney who guides him through the eviction process, explains his rights as a landlord, and helps him avoid potential legal pitfalls. This case study emphasizes the importance of legal consultation for landlords facing non-payment and abandonment issues.​