eviction/abandonment - Landlord Forum thread 349442

eviction/abandonment by helen vogelsberg (ky) on November 28, 2016 @13:29

tenant not paid rent this month, has moved to another county sent certified mail for late rent never was accepted. Has not stayed in apartment for the past 10 days or so. don't think he has been there at all. moved in with family I am told and has left quite a bit of furniture but has taken some. wont respond to phone or text messages. can I change locks and clean out the stuff.

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Re: eviction/abandonment by Garry on November 28, 2016 @16:21	[ Reply ]

No, you cannot change the locks, or dispose of his stuff yet. You need to follow thru with your state's eviction process that you started by mailing the notice of unpaid rent. You must gain possession back legally, or you risk the tenant filing suit against you for illegally taking possession back, and throwing away his "valuable" possessions. What you have been "told" or what you "think" about the situation, will not hold up in court, where you must have proof to win your case. Just keep sending all your mailings to him at your apartment address. Eventually you will get him out. It just takes time when you have to use the legal process to gain possession back.

Re: eviction/abandonment by MrDan on November 28, 2016 @23:28	[ Reply ]

The first place to look is the lease. What does your lease say about 'Abandonment'? Your State law defines 'Abandonment' and 'Access' Remedies for absence, nonuse and abandonment Access The main issue is that Kentucky statues do not define what to do with any tenant property left behind. Many Kentucky Residential leases have some clause like the following to allow a remedy for such times, Abandoned Property Upon termination of the lease, the Lessee agrees to surrender the premises to the landlord and to remove all personal property. Any property left in/on the rental property shall be deemed abandoned and the landlord may take possession of and use or dispose of such property as allowed by law, and is hereby relieved of all liability for doing so. The landlord may re-enter and take possession of the rental property if determined that the apartment has been abandoned. Any personal property left on the Premises after Tenant vacates or abandons the Premises shall be deemed abandoned and Landlord may remove, store and/or dispose of the same as it sees fit, subject to the applicable law. Ten days absence by Tenant with rent unpaid or the removal of a substantial portion of Tenant’s personal property without explanation or notice to Landlord shall be deemed an abandonment of the Leased Premises by Tenant. In such event, Landlord may reenter the Leased Premises immediately, take all action necessary to remove remaining property and belongings of Tenant, and relet the Premises, without notice and without responsibility for damages resulting therefrom. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction. Many landlords send either a 15 or 21 day "Notice to Recover or Forfeit Abandoned Personal Property", after which the landlord may dispose of the property. If you enter and change the locks, remove the property and clean, then the Statues state that the landlord has taken possession of the rental property, the lease terminates and the landlord is required to mitigate damages.