If a tenant turns his/her key back in andremoved their possessions,are they allowed back into the residence?
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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 14 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.
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