Hendersonville, TN asked in Landlord - Tenant and Real Estate Law for Tennessee

Q: Can I legally enter my rented property in Tennessee after renter moved out, hasn't paid rent, and won't return keys? Visible outside damages noted.

I am a property owner who had a month-to-month renter who moved out 15 days ago and has not paid the rent for that period. The renter has also had the utilities turned off and has not returned the keys. I have tried contacting her with no response. There are visible damages to the outside of the property, and I haven't been able to check inside. I would like to know when I can legally enter the house to assess the situation and possibly address the damages.

2 Lawyer Answers
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: As the owner, if you are deeded as such, you have title and now possession. Go inside anytime. I do not understand your hesitation or really your question if you have been renting your property out. You can repair damages and locks anytime.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In Tennessee, once your renter has moved out and you are no longer under a rental agreement with them, you have the right to regain access to your property. However, since the renter has not officially handed over the keys or paid rent, you should proceed carefully to avoid violating any tenant rights.

First, you should check the terms of your rental agreement to see if it specifies when you can enter the property after the tenant moves out. Even though the tenant has not paid rent and has left the utilities off, you typically need to give proper notice to enter, especially if the tenant has not formally abandoned the property.

If you are unable to get a response from the tenant and need to inspect the property for damages, you may be able to enter after giving at least 24 hours' notice, depending on local laws. If the tenant refuses to return the keys and does not respond, you may consider contacting a lawyer to discuss your next steps, including potential legal action for damages or unpaid rent. Make sure to document any damages and communicate with the tenant to protect your rights.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.