When Has a Unit Been Abandoned

It's often confusing for landlords to figure out when a tenant has abandoned or surrendered a rental unit and when they need to go through the eviction process. This post gives some ideas on how to best deal with the confusion. Enjoy!

Unfortunately, there’s no reliable legal definition in Kentucky on when a tenant has abandoned a rental unit. Whenever the law doesn’t address a topic, that means the first step is to see if your lease addresses the issue.

If your lease addresses when the unit may be deemed to be abandoned, then follow that definition. Figure out what elements are required to be present, then determine whether all elements are present in your situation. If so, then declare the unit abandoned, do your final inspection, follow all security deposit procedures, dispose of any trash or items in the unit, send a final account statement to the prior tenant, and begin preparing the unit for re-rental.

However, many leases don’t address “abandonment”. What do you do in that situation?