Landlord Question and Answer Forum

If a renter has sign a eviction letter to promise to get out by a certain date.The date has passed and they are gone for 2 weeks or more no rent and money owed and some property left on premises, door unlock, windows unlock, oven on and damages left..Can I get them for abandonment of the property..Can I also store the property with out removing it from the premises and hold it until they pay me for back rent and damages..Is this legal in Tennessee? Can they legally come back 3 weeks later and get the sheriff to get their stuff or do they have to go to court with me. Because now weeks later they want their stuff and they left it on the property..I am holding it until they pay me...Just checking is this legal ? It is still on the property stored...Thanks Gail

The Tennessee Uniform Residential Landlord & Tenant Act provides a “safe harbor” for the landlord who is willing to wait for 30 days. The Act provides that the tenant’s unexplained absence from the premises for 30 days or more without payment of rent is prima facie evidence of abandonment. The landlord is then expressly authorized to enter the premises and remove and store the personal items of the tenant. If the tenant does not claim the personal items within an additional 30 days, the landlord is authorized to sell or dispose of the items and apply the proceeds of sale to the unpaid rent, storage fees, etc. Of course, it is unlikely that there will be a balance left over after the unpaid rent, storage fees, etc., are paid. However, if there is such a balance, the landlord is required to hold it for six months. Presumably, if the balance is not claimed by the tenant, the landlord is permitted to keep it. The Tennessee Uniform Landlord & Tenant Act provides one additional step the landlord may take to protect himself in the event of an unexplained absence by the tenant. The Act permits the landlord to include a provision in the rental agreement that requires the tenant to notify the landlord of any anticipated absence from the premises in excess of seven days. During any absence in excess of seven days, the landlord may enter the property at “times reasonably necessary”. Further, if the tenant willfully fails to give notice of absence, the landlord may recover any actual damages that may result, such as frozen pipes.

Posted by Donna , NC on Thursday, December 22, 2011

I'd check with an attorney, but my feeling is that this is not an unexplained absence because they left in compliance with an eviction letter. This may mean that the property is abandoned and that you may dispose of it as you see fit. Again, check with the legally people first. It should be just a quick phone call.

Posted by Doug H, NY on Wednesday, January 4, 2012