If a tenant turns his/her key back in andremoved their possessions,are they allowed back into the residence?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a tenant turns his/her key back in andremoved their possessions,are they allowed back into the residence?

The tenant turned her key back in and had all of her items removed. She even has a letter stating that she will no longer reside there. Now she is wanting a key back and the cops say she has a right to go back in. She does not have a lease.

Asked on August 12, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you mean is that she does not have a written lease or one that is in effect at this time.  What she was is a month to month tenant.  If she terminated her tenancy properly by giving you one month's notice (or if she terminated early and you allowed it which is ok too) and surrendered the keys then no she is not entitled to reenter the premises or reinstate the lease without your consent.  The police are wrong.  But that may not be enough to stop her or them from allowing it.  You may need to bring a formal eviction proceeding for a determination of your rights as a landlord.  Seek legal help. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption