By Robert Griswold
Question: My landlord has presented me with a new lease at my upcoming renewal and it has a new clause dealing with abandonment. There is specific language that says I must notify the landlord in writing anytime I am absent from the unit in excess of seven days. The language specifically says if I fail to do so I am in breach of the entire lease. I travel very frequently on business and this is a major hassle. I am in my sixth year of leasing here and have never been late with a rent payment, even through an employment lapse. Any pearls of wisdom?Tenants' attorney Kellman replies:
Landlords are on a "need to know" basis when it comes to sharing personal information. In this case, your landlord does not need to know your travel schedule. The landlord's separation anxiety felt when you are not home is not your problem. As long as you timely pay the rent and take care of the property as required by law, you should be able to leave and return anytime. I believe that lease provision is an unwarranted intrusion into your privacy and is probably not valid or enforceable.
Besides, there are usually laws describing when a unit is legally abandoned. For example, for the unit to be legally deemed abandoned, many states require that the rent must first be unpaid for a certain minimum period of time (such as 14 days or more). You would then get a legal notice indicating that the landlord believes that you have abandoned the property. You would then have about two weeks to reply and let the landlord know you have not abandoned the unit. Since you pay your rent on time each month, it would be pretty tough for your landlord to prove you have abandoned the unit merely because of business traveling.
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