Tenant moved out early, still paying rent, wants keys back (lease agreement, evicted)
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Does a tenant who voluntarily moved out early (and returned keys when asked) but is still under contract and paying monthly rent have a right to get the keys back to the property? Tenant left no belongings at the property.
Would this situation be considered a surrender of possession by tenant, meaning that it doesn't matter that the tenant is still bound by the lease and paying rent, he/she cannot regain access to the property once surrendering keys to landlord?
I'm not a lawyer, so I can't say for sure what qualifies "legally," but when we evicted a tenant last year, our lawyer told us that once she verbally told us we could have possession and/or returned the keys to us, the tenant gave up possession, legally speaking.
Why do they want the keys back? I don't see how that would be a good idea to give them the keys. Maybe they left something behind that you didn't notice? You could offer to meet them at the property to let them get their belongings, if that's the case.
Are you actively marketing the unit for rent? Generally, landlords are supposed to try to mitigate losses of tenants who break a lease by actively trying to rent the unit (so the tenant isn't forced to pay rent for the place through the end of the lease). Did your tenant break a lease early, so that's why they're still paying rent?
The tenant might be able to make the case that, although they have moved out, they still are paying rent and you are denying them access to a legally rented unit.
http://thslawfirm.com/media/documents/1d31182412.pdf
SURRENDER v. ABANDONMENT
The first question to ask yourself when a tenant moves out prior to the lease expiration is whether the tenant has actually vacated the unit. Ideally, the tenant has either: 1) turned in the keys, 2) given written notification that he moved out, 3) or both. Under any of these three scenarios the landlord has the absolute right to take possession of the premises, change the locks, and prepare the premises to be re-rented. The landlord has the right to take possession because the tenant has legally surrendered the premises. Surrender is the tenant’s absolute admission that he has moved out. Even if the tenant leaves personal belongings behind, the landlord has the right to throw them away.
Per the quote: Even if the tenant leaves personal belongings behind, the landlord has the right to throw them away.
Oh, that's dangerous advice. Most states require landlords to hold possessions and allow the tenant to come back and get them (some states make the tenant pay the landlord a storage fee). The only state I know of that allows landlords to remove items immediately is Colorado.
Good info on the "returning possession" issue, though.
I don't understand how the person could still be under lease, and still paying rent (presumably ongoing monthly rent?), but be denied the option to move back in. They couldn't have been evicted if they're still paying ongoing rent. If the unit is empty, it's not some complicated roommate fight.
What happened? Why did they move out? Why are they still paying ongoing rent (meaning a rent check is due for November) and still under lease? On what grounds is the landlord saying they won't give the keys back?
Per the quote: Even if the tenant leaves personal belongings behind, the landlord has the right to throw them away.
Oh, that's dangerous advice. Most states require landlords to hold possessions and allow the tenant to come back and get them (some states make the tenant pay the landlord a storage fee). The only state I know of that allows landlords to remove items immediately is Colorado.
Good info on the "returning possession" issue, though.
Yes I thought so too, dangerous advice, I'm sure that part varies with state law.
I don't understand how the person could still be under lease, and still paying rent (presumably ongoing monthly rent?), but be denied the option to move back in. They couldn't have been evicted if they're still paying ongoing rent. If the unit is empty, it's not some complicated roommate fight.
What happened? Why did they move out? Why are they still paying ongoing rent (meaning a rent check is due for November) and still under lease? On what grounds is the landlord saying they won't give the keys back?
To me it meant they paid the full rent for Oct. but moved out in early Oct. and returned the keys, now they want to move back on for some reason.
We have a similar case right now, not exactly but kind of a weird case.
You don't have to give the keys back since they voluntered to givethe keys up. What will they do when they get the keys back? Stay and don't leave or get angry and upset and break something....maybe not but why take the risk.
We have one who will move out next month and tried everything to get pro rated money back due to signing a lease else where but we keep them to the lease and also informed them they will need the power on in their name per the lease. Today they stated they will move out early and we informed them we will need the keys back the day the power will be taken out of their name and they forfeit to get any further access and forfeit the rent they already paid.
Another one broke their lease, told us to use last month rent and their security deposit towards the lease break fee but we told them security deposit is not lease break fee and allowed to be used for anything else...today we found out the power is out of their name and we took a look at the house and the house is not secured, no furniture and no power but trash bags left in the garage.
We have changed all locks and the tenants emailed us they are still in the process of cleaning but we already had posted a 24 hr notice a day prior since we expected something weird and we told them they have also broke the lease agreement which clearly is stating that the utilities need to be in their name for the full duration of their lease...the lady now calls it that we are trespassing
Btw our lease has a little box that we have all tenants initial stating that if the place is abandoned than all futher belongings can be taken off the property so we don't have to store anything. Under Floridalaw a home is abandoned if the power is off and no furniture is at the property.
The tenants claimed that some homes never have power on and that is fine!!!! We told them that it an owners decision and not a tenant who signed to have it in their name.
Sounds like the landlord doesn't want to rerent the unit, but keep charging the tenants rent for the duration of the lease.
Would a judge think this was fair? Both sides have to honor the contract. If the landlord wants to collect rent without trying to find another tenant, I don't see how he can prevent the tenant from moving back in to enjoy their half of the agreement. One side provides a place for rent, the other side pays for it.
Good luck trying to get a judge to say they have to pay, but can't move back in to get what they're paying for.
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