The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  

Re: eviction/abandonment - Landlord Forum thread 349444

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

                              
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.
[ Reply ] [ Return to forum ]


Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2023 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google