Lease requires tenant to notify landlord or its representatives if not occupying the premises for more than 1 week (e.g. vacation). Tenant has not been seen for more than 2 weeks. In KY, KRS 383.615 allows landlord access if tenant abandons or surrenders the premises. What defines abandon in Kentucky, specifically Jessamine County? Can action be taken if abandoned, other than going through the eviction process in the local district court?

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Originally Posted by chipper1950

Lease requires tenant to notify landlord or its representatives if not occupying the premises for more than 1 week (e.g., vacation). ...

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Note that this lease provision is specifically authorized by section 620, immediately following the section you cited.

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Originally Posted by chipper1950

... What defines abandon in Kentucky, specifically Jessamine County? ...

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I don't see a definition in Kentucky's Uniform Residential Landlord and Tenant Act (sections 200 and following). I think you have a very good argument that failure to follow the 7 day notice provision in the lease creates a presumption of abandonment.

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Originally Posted by chipper1950

... Can action be taken if abandoned, other than going through the eviction process in the local district court?

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Abandonment, and it seems that the tenant probably has abandoned the premises, would make eviction unnecessary, wouldn't it? And as discussed above, abandonment seems to have occurred. Section 620 and the lease provision seem to give you at least the right to enter the premises. When you have done so you will possibly have a better idea whether the tenant has in fact abandoned the premises.

First question, is the tenant paid up in their rent? If they are then I would tread very lightly here. You might take a look in the unit. But if the tenant's belongings are still there I would back out immediately.

However, if they are behind in their rent, then you may be able to use that clause to avoid going through the eviction process.

I doubt that the court will consider it abandoned if the rent is paid and the utilities are paid and on.

My attorney ( in TN, MO and GA) always advised me to file an eviction as if they were still living there, to protect me from removing their property without court order

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Originally Posted by ScottGem

First question, is the tenant paid up in their rent? If they are then I would tread very lightly here. You might take a look in the unit. But if the tenant's belongings are still there I would back out immediately.

However, if they are behind in their rent, then you may be able to use that clause to avoid going through the eviction process.

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My notion of abandoned is the following:

• rent not paid and past-due;
• belongings gone; and
• tenant absent for more than a week.

If all of these things don't apply, do as ScottGemm suggests, back out, and sue to evict.