Can prepare a house for new tenants if I believe my current tenant has abandoned it?

I rented a two-bedroom house to a friend of mine approximately 18 months ago. We did not enter into a written agreement -- just a verbal one stating that he was to pay $500 a month plus utilities. After the first three months, payments were sporatic. He now owes $1600 (three months plus $100 remaining from a partial payment six months ago). I finally filed a 3-Day Notice to Quit approximately 1 week ago after being notified by the utility company that the service has been shut off. He has stopped answering my calls. All the notes I've left on the door have been removed so I've assumed he's gotten all of them. However, the last time I stopped by I entered the house because the front door was ajar and actually broken off the hinges. Thank God no one was hurt inside but the house is in gross condition. Rotten food, no water, no heat (it's very cold here) and working telephone. Can I treat the house as abandoned? The house is in Douglas County, NE.

No one was home when I entered the house. Never an answer at the door when I've stopped by either.

Go back to the property and look through the closets...if all of his clothes are gone and personal items out of the bathroom, then you can REASONABLY assume that the property has been abandoned (coupled with cut-off utilities) and a trip back to court isn't necessary nor an eviction.

Just take pictures of everything before you start the cleanup and make sure your camera dates them.

PS: Don't listen to people that state that you cannot win a judgement without a lease, that just isn't true. Statutory lease terms take over, and since he has had the property utilities in his name, that is the only proof that you need that he lived there.

you should check the current laws for landord/tenants.

you may also take him to court but since you have no paper work to tie him to the agreement you may be out of luck.

guess you can stick an eviction notice on the door to show you gave him notice....and hire really good cleaning people to get it ready to rent. you will have to raise the rent to help pay for the repairs.

That's so bizarre! Change the locks and clean the place up. If you want to get back rent, you'll need to talk to a lawyer or some sort of law advice. But if you're willing to eat that and move on, I think you have a right to do that, if he hasn't paid rent in three months.

Take pics, though, of the condition of the house, and keep the cut-off notice from the utility company. And if you are worried, it's better to get expert advice than to sit and fret yourself into an ulcer.

Seek professional tenant-landlord law counseling because it is NOT worth the chance without it. If you don't want to take that route, keep this in mind. Before you can have anyone move in you must "evict" the tenant currently in contract. Do this by sending the first notice to pay rent or quit. You can then send a notice of eviction. This is a whole legal process that must be done prior to letting someone move in. You can hire a real estate lawyer to do this for you. Are there any belongings left behind? Any prior communication? What is stated in the contract for an "exit clause?" Again, seek legal advise before you proceed, it may just be a simple phone call.....

Main problem I read here is that you have no contract at all - verbal means nothing in real property law. I'm not an attorney, but am a real estate broker.

The real estate attorney's I work with charge about $250 an hour - so hiring an attorney would be ideal, but you may need to weigh the cost/benefit.

File an eviction notice with your local municipality - might run you $150 to file. If I remember correctly, this will still entail a 30-day notice to the person who was renting - so during this time you can see if he/she comes back. After following the proper munis procedure for the eviction process, and giving the 30-day notice (which might be mailing a letter) and I would also suggest a "public notice" in your local paper (and keep a copy of it), then have sheriffs deputy escort you to the property for the eviction - which usually entails placing the renters contents at the curb (in a professional manner).

Sorry, but wow, you gave the use a house to someone without a lease. Good learning experience and it does not seem like you have been burned too badly.
By renting without a contract you have a one sided agreement, ie the "friend" can legally act like a renter and have legal protections and rights to the property. And if you try to take any action you have no paper work to back up your claims.
Is this person "collect-able", ie if you got a judgment could you collect. If not, then no use filing a court case.
You probably don't need to file any more paperwork. Just fix the door and change ALL the locks.
Make some notes and take pictures so you have a record the property condition and that it has been abandoned.
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Some friend.
Well anyway. You will need to treat the home as abandoned.
You will need to figure if there is furniture there hopefully it would not exceed $300.00. That way you will not be required to store it for 30 days and advertise it etc.
Be sure to secure the home. Change the locks. And take your home back.
Once you have taken the home back have estimates from outside sources for placing the home back into rental condition. (even if you do the work yourself) Even if you have a friend rent your property from you. You must treat it just like a normal tenancy. Or they will take advantage of your good nature.
p.s. Please always have someone with you every time you go there to do any repairs.
Best of luck.

I would treat the house as abandoned and do whatever it takes to protect your property right now! Your "friend" won't be coming back, that's why he turned off the utilities (or maybe he didn't pay them). Also he knows he owes you money so he's going to stay away from you for awhile. Get the door fixed and new locks installed pronto. Then take some pictures to document the horrible condition and get the place cleaned up a.s.a.p. Good luck with everything... I'm sorry this happened to you!