What Should a Landlord Do if a Tenant Moves Out Without Returning the Keys?

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When a Tenant Moves Out — But the Keys Don’t Come Back

Picture this: your tenant gives a 30-day notice, you post a 24-hour notice to enter, and when you step inside, the place is empty — but the keys never made their way home. What now?

At High Tide Real Estate & Property Management, we’ve helped many Santa Cruz landlords navigate this confusing (and sometimes stressful) scenario. Here’s what California law says — and how you can protect yourself while keeping things smooth sailing.

Step 1: Make Sure the Tenant Has Truly Moved Out

Before changing the locks, confirm the tenant has actually vacated and doesn’t intend to return. Look for clear signs:

  • The unit is empty of personal items

  • Utilities have been disconnected

  • You’ve received mail forwarding requests

  • There’s been no response to your notices

If the space looks more like a ghost town than a rental unit, it’s reasonable to assume they’ve set sail for good.

Step 2: Understand Your Legal Options

Once you’re sure the tenant’s gone, California landlords have three main courses of action — each with different levels of protection and risk.

1️⃣ File an Eviction (Unlawful Detainer)

Usually unnecessary (and risky) if the tenant has clearly left. Evictions are meant for removing occupants still in possession — not for empty units. Filing could even expose you to liability if the tenant has already vacated.

2️⃣ Use the “Abandonment of Real Property” Process

This out-of-court option gives landlords legal protection when taking back possession. It requires:

  • A reasonable belief the tenant left for good

  • Proper notice to the tenant

  • A waiting period of 18 days (or 15 if mailed out of state)

This isn’t mandatory, but it’s a good safeguard if you want that extra layer of protection in case the tenant disputes your actions later.

3️⃣ Take Possession Directly

This option carries more risk but can be appropriate if you act reasonably and prudently. Here’s the smart way to do it:

  • Post a 24-hour written notice of intent to enter

  • Enter with a witness present

  • Record the unit’s condition with video or photos

  • Send a letter to the tenant’s last known address confirming your intent to take possession unless you hear otherwise

Documentation is your best friend here — it shows you acted responsibly and within your rights.

Step 3: Secure the Property & Document Everything

Once you’re confident the unit has been abandoned, go ahead and change the locks. But before you do, make sure you’ve:

  • Posted proper notices

  • Taken photos or video of the property’s condition

  • Kept a copy of all correspondence

  • Documented unpaid rent and damages

💡 Pro tip: Keep digital records organized — they could save you time and legal headaches if questions arise later.

⚠️ Important Reminder: If a landlord wrongfully locks a tenant out, they could face actual damages, up to $100 per day in penalties, and attorney’s fees. Always act with reasonable care.

Step 4: Move Forward Responsibly

Once possession is regained, follow California’s security deposit return laws and issue any required accounting within the legal timeframe. Then, refresh and relist your property — time to bring in a great new tenant who’ll treat it like their own beach house!

High Tide’s Takeaway for California Landlords 🌊

When a tenant moves out without returning keys, you can reclaim your property — but the key (pun intended) is to do it by the book.
Act reasonably, document everything, and if you’re unsure, work with a trusted property management team familiar with California law.

At High Tide Real Estate & Property Management, we help Santa Cruz County landlords stay compliant, protect their investments, and keep their rentals performing at their best.