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  1. #1
    Join Date
    Jul 2014
    Posts
    4

    Default Tenant Moved but Won't Return the Keys

    My question involves landlord-tenant law in the State of: Alaska
    My tenants moved out after I informed them that the house is being put on the market. They have been difficult tenants to say the least.
    My tenant told me she and her husband would be out July 6, then it changed to the 12.
    Tenant has not paid any rent for july and she says she is completely moved out. The utilities are in my name. Tenant changed the locks and has not turned the keys in. She has not answered calls or text messages. My property manager says that I just have to wait for her to turn the keys in.
    This makes no sense to me! How long am I supposed to wait? Legally she can not lock me out. I would appreciate advice.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Tenant Moved but Won't Give Keys

    Either process a formal eviction, wait until she relinquishes the keys or wait a few weeks after you see all their stuff is gone and risk drilling to enter and replacing the locks. It may be a trap on her part to try an get you for constructive eviction.

  3. #3
    Join Date
    Jul 2014
    Posts
    4

    Default Re: Tenant Moved but Won't Give Keys

    Thank you for your response disagreeable. We want to change the lock on only one door so we have access to the house. We are not trying to lock them out. We will have to move forward with an eviction if she won't turn the key in.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Tenant Moved but Won't Give Keys

    Quote Quoting jrzgrl1119
    View Post
    Thank you for your response disagreeable. We want to change the lock on only one door so we have access to the house. We are not trying to lock them out. We will have to move forward with an eviction if she won't turn the key in.
    Talk to an attorney, not your property manager.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenant Moved but Won't Give Keys

    Quote Quoting jrzgrl1119
    View Post
    Tenant has not paid any rent for july and she says she is completely moved out.
    So she has told you that she and her husband are no longer in residence and have permanently vacated the premises? In writing?

    If this was a conversation, did you ask about the keys? If so, what did she say about the keys?

    Were the locks changed with or without your permission?

    Under your state's laws, AS 34.03.360(1), "'abandonment' means that the tenant has left the dwelling unit and the tenant's personal belongings in it and has been absent for a continuous period of seven days or longer without giving notice under AS 34.03.150 and has defaulted in the payment of rent". In your case your tenant did give you notice that she was vacating and ending her tenancy, but if you want to proceed as if she did not then you can consider the seven day window of the abandonment statute.

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