How and When to Issue a Notice of Abandonment to Your Tenants

Key Takeaways

• Notice of Abandonment is a formal written notice sent when a tenant appears to have vacated a rental early (i.e., left before the lease ends without warning).
• Legal Process: Landlords must follow strict steps—posting a notice on the property, mailing it (often certified), and allowing a response period—to avoid claims of illegal eviction.
• Key Indicators: Common signs include stopped rent payments, lack of communication, missing personal belongings, or disconnected utilities.
• Notice Contents: The notice should clearly state the landlord’s and tenant’s names, property address, reasons for abandonment, relevant laws, a deadline for response, and next steps if there is no reply.‍
• Next Steps: If the tenant fails to respond by the deadline, the landlord can treat the unit as abandoned and proceed with eviction or re-occupancy according to law.

As a landlord, there are many situations that may require sending a written notice, whether it’s for late rent, unpaid fees, or unauthorized pets.

Another situation that comes up less often is when a tenant leaves the premises without explanation and their personal property or belongings remain in the unit. In these cases, landlords must make reasonable efforts to determine the tenant’s intent and follow the proper process for documenting the condition of the unit and any items left behind.

This is where a notice of abandonment comes in. It helps establish whether the tenant intends to return, outlines what will happen to their personal property if they do not respond, and protects you from claims that you acted improperly. 

In this guide, we will explain exactly what an abandonment notice is, when it should be sent, and how to handle a tenant’s belongings in a compliant way. We’ll even include a free template you can use.

To begin, let’s break down what an abandonment notice actually is.

What is a Notice of Abandonment?

A Notice of Abandonment is a written notice that is issued when a tenant abandons a property, or when the property is deemed abandoned. This essentially means that the tenant leaves the property before the end of the lease agreement without notifying the landlord. Having such documentation comes in handy in case legal action needs to be taken.

When this happens, there is a process that must be followed before being able to re-occupy the rental property. This process extends further than just giving the lessor written notice of abandonment and, if not done correctly, can even lead to a lawsuit.

The first thing that must be done when you suspect that the tenant's property has been abandoned is to display a notice on the property where it can clearly be seen. The notice should state that the tenant has abandoned the property and has a limited time to return. By doing this, the landlord is protected from unlawfully evicting the tenant and cannot face a lawsuit.

The notice must also be sent through certified mail to any addresses associated with the tenant. You then need to give the tenant five business days to respond before moving on with the eviction. To proceed as quickly as possible, many landlords choose first class mail, which delivers very quickly.

However, it is important to realize when a landlord or property manager is actually allowed to issue this notice. In the next section, we will discuss some of the things that can lead to the issuing of a notice of abandonment.

When to Serve a Notice of Abandonment

Signs of Abandonment

Before issuing any notice, a landlord should confirm abandonment. Common warning signs that a tenant may have abandoned the unit include:

If these indicators appear, it’s prudent to investigate further. For example, a landlord should: inspect the unit, check the mailbox and utilities, and even talk to neighbors. In many cases, landlords will also attempt contact (calls, texts, emails) and review the lease for any abandonment clauses or state laws that define when a unit is “abandoned”.

Determining Timing

The exact timeline for abandonment varies by state. For instance, Florida law presumes abandonment if the tenant is absent for half the rental period (≈15 days of a 30-day month) and rent is overdue. However, if rent is still current or the tenant notified an absence in writing, that presumption doesn’t apply. 

In general practice, many landlords use rules of thumb:

• 7 days missing/10 days rent unpaid: If the tenant hasn’t entered for 7 days and is 10 days late on rent, the landlord may issue a notice.
• 5 days missing (few belongings): If most possessions are gone, some landlords issue a notice after just 5 days of no rent and no contact.

These are guidelines, not universal laws. Always check local statutes. Many places legally require the landlord to send a formal written notice and wait a set period (often 5–30 days) before retaking possession.

Step-by-Step: Serving the Notice of Abandonment

• Verify the Tenant Is Gone. Confirm signs (as above) with an inspection. Attempt to contact the tenant directly. Only proceed if you have strong evidence of abandonment (e.g. utilities off, empty unit).
• Prepare the Notice. Write a clear letter addressed to the tenant. Include today’s date, both parties’ names and addresses, and the rental property address. Briefly explain why you believe the unit is abandoned (e.g., “We have not received rent for August and you have not responded to messages”).
• Include Necessary Details. In the notice, state the specific legal basis and consequences. Reference any relevant law or lease clause that defines abandonment. Specify what will happen if the tenant does not respond (typically eviction or disposal of property) and set a firm deadline for response (for example, “Contact us within 5 business days to avoid termination of the lease”).
• Post and Mail the Notice. Immediately post the notice on the door of the rental unit where it’s clearly visible. Then send copies to the tenant’s last known address. Use certified mail with return receipt (or courier with tracking) to prove delivery. The certified mailing provides legal proof that notice was given.
• Wait for Response. Give the tenant the full response period specified. During this time, keep thorough records of all actions (letters mailed, attempts to contact, inspection photos, etc.). This documentation can protect you in case the tenant later disputes that you improperly evicted them.
• Proceed if No Reply. If the tenant does not respond by the deadline, you may consider the unit abandoned. At that point, you can change the locks and begin eviction proceedings (most jurisdictions still require a formal eviction process even if the tenant is gone). Don’t re-rent the unit or dispose of belongings until all legal notice periods have lapsed.

What to Include in a Notice of Abandonment

A Notice of Abandonment should be clear and professional. The table below outlines the key sections and content to include in the letter:

Free Template

Want to get your hands on a free template that you can use yourself? Simply visit DoorLoop's Resources Page to quickly find a template for the notice of abandonment. Create an account and get started in just a few minutes.

After Sending the Notice

• Tenant Response: If the tenant contacts you before the deadline and proves they intend to return (and pays any owed rent), you may have to rescind the abandonment claim and continue the lease. Always document the tenant’s communication.
• No Response: If the tenant fails to respond in time, you can move forward. In most states, this means filing for formal eviction to get a court order for possession. Do not simply re-rent the unit or discard possessions without following eviction procedures and any required waiting period.
• Unit Security: Once the abandonment period expires, secure the unit. Change locks and make any needed repairs or cleaning to prepare for re-rental. However, comply with local rules about entry (many places require 24–48 hours notice to enter, even if the tenant abandoned).
• Mitigate Damages: Start marketing the unit right away. Landlords have a duty to mitigate damages (i.e., try to re-rent as soon as possible) rather than charging the old tenant for all remaining rent

Preventing Tenant Abandonment with Background Checks

While knowing how to issue a Notice of Abandonment is important, landlords can often prevent these situations entirely with strong tenant screening practices. Many tenants who abandon properties have a history of late rent, eviction, or unstable income. By running tenant background checks before approving an application, landlords can identify red flags such as:

• Past evictions or lease violations
• Poor credit history or unpaid debts
• Inconsistent employment records
• Criminal background concerns

Performing these checks helps ensure you are renting to reliable tenants who are less likely to leave unexpectedly. This not only protects your rental income but also saves you the time and costs associated with abandoned properties.

Check out DoorLoop’s tenant screening service to get started.