Can a landlord put locks on outbuildings they own if the tenant’s personal items are in there?

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Can a landlord put locks on outbuildings they own if the tenant’s personal items are in there?

The property is owned by a daughter, but the mother has a lifetime agreement to live in the house. The mother has personal items and tools and everything left after her husband died. The daughter has put locks on all the outbuildings, and has said no one is to cut them off or go in without them present. The mother has 2 more daughters and a son who has Power Of Attorney for her; she has to have help daily. But this doesn’t seem to be right. She has access to all the outbuildings and come and goes as she wants in them.

Asked on July 11, 2011 under Real Estate Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The key to answering your question is what does the written lease/rental agreement say about what is being rented by the tenant? For example, if there is a written agreement solely for the lease of the home, but not the outbuildings, then the tenant is not renting the outbuildings and cannot claim access to these secondary building that admittedly are not being leased/rented out.

If the above is the factual situation regarding the lease, then the landlord has the right to lock up buildings which are not being rented to the tenant.

If the outbuildings are in fact being rented to the tenant under the lease, then the landlord seemingly would not have the right to put locks on outbuildings that are being rented out to a tenant.


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