Landlord Capitulated Due To No Legal Standing On Their Part

It;s not so easy as them just applying for title as abandoned property. Whether the property is a vehicle, boat, or mobile home, if the registration is up to date, law enforcement must do an investigation and attempt to contact the registered owner (and other steps, such as notice by publication) before adandoned property can be legally considered abandoned, permitting another entity to apply for the title. His best defense to this is to make sure that his registration includes current contact information - making it quick and easy for law enforcement to make contact with him. Without them signing off that the owner can't be found, they aren't going to be successful in an abandoned property claim (this is usually accomplished via the county sheriff's office). Then, if they attempt to file a suit for non-payment of rental fees, there needs to be an excellent paper trail showing the amount, date, and PAYEE - preferably via a dated money order, sent via certified mail with return receipt, to show the court that a good-faith effort WAS made to pay the agreed amounts, on time. That the landlord didn't cash the payments will then be the landlord's problem. It also couldn't hurt for him to retain an attorney to put IN WRITING (and again, sent certified mail) that (a) he has given you authority to watch over and maintain the property, (b) that his physical absence due to an extended family emergency in no way constitutes and abandonment of the property, and (c) that he has retained counsel to protect his interests in this matter. He should also show the same attorney a copy of his lease agreement and all amendments to make sure there is no clause or "loophole" that says that he must physically be occupying the property, or similar language, that would allow any other type of action.

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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

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