Tenant Problem - Eviction - Need Help - Ohio?

Question

I filed to evict a tenant for non payment of rent. Well she isn't one to communicate well. I found out from the downstairs tenant that all of the utilities have been shut off (she let them in to shut of water and gas). The tenant has also moved most of her stuff out of the apartment. However, she has left a few things behind.

My question is at what point does the law considered the tenant moved out?

I am thinking about going in, after verfying that the utilities are shut off and moving her remaining stuff (a bed and pc) into storage. This way I can move on with renting the apartment out.

If I do wait until the hearing I suspect she won't show. It doesn't matter because I will win either way. So after I am granted the foreclosure what happens if she still doesn't remove her few remaining belongings? Do I have to still get a bailiff to remove them?

I am curious as to what others have done in this situation and what the outcome was. Thanks!

Answer 1

Since the rent is not paid, the utilities are off, and you have a pending court date for the eviction then I would say you are safe to enter the property. But take photos or even better video, put her stuff in storage, and change the locks. If you have a security deposit, itemize the repairs and/or clean up with supporting documentation. Typically you have 20 days in most states to send her a notice of what part you will be keeping and why. Send it certified to last known address if no forwarding is provided (most often they do not) waiting for the return. Same goes for the storage, storing for 30 days and sending a certified letter in the same way. When there is no response, you can sell it to pay the storage fee. Keep in mind you dont have to sell you can donate if you like. But in any event it would in your best interest to obtain a judgement for the past due rent, damages not covered by the security deposit, 30days storage fees, cost of photos, filing fees, and applicable court costs. I see people all the time that apply for mortgages with this type of judgement, most of the time they are required to be paid off. Good luck to you, hope this website helps.

Answer 2

best thing to do is call the court where the case will be heard and see what you can legally do it may be much to your suprise that the tenant will show then she may be able to get you for tresspassing. I am going through the same situation in wv and I put a notice on door that I would enter within 24 hours and did so to find the place tore apart...and that someone had broken in through an upstairs window when I finally got a hold of the tenant at another adress she said she was still living in the home and claimed possession (how she could live there I don't know) but good thing I did not start cleaning out or Id been in trouble....get advice from the court I know first hand how aggervating the whole situation is but it is best to be safe than sorry.

Answer 3

If she has shut off the water and gas, then I would say she is not coming back anytime soon, and you need to cut the electric back on in order to keep the house from mildewing in this hot weather, especially if major items such as all her clothes, the bed, the couch, TV are gone.

I would carefully put her few remaining things in boxes, and I would go ahead and clean out the apartment and change the locks.

Take pictures before you start doing anything to show the condition.

Then send her a certified letter, signature required, that you will keep the items for 30 days, and after 30 days, they will be considered abandoned.

Then after 30 days, do what you want with them. Don't be petty and ask for storage fees...it's just a few things for a month...no big deal.

I have done this a few times for my rentals and I have never had an issue with it. 95% of the time what they left behind they wanted to throw away anyway....and was using me to clean up their mess to save them the trouble.

I know the issue you are in...you want it clean so you can get a paying body in there since she hasn't paid.

That is why you need the evidence that the furniture is gone and the utilities shut off...b/c that is a reasonable expectation of abandonment.

Answer 4

What I have done; I told them evertything that was going to happen in a letter. First, you will need to appear in court, if you fail to appear, the landlord wins the case. Secondly, the judge will give the renter a date to be officially out. Use that date, if the renter doesn't return on that date, the following day, take pictures of everything left in the apartment, and store it away. Be sure to check with your state as to how long you must hold their belongings. And find out if you can legally hold them if they attempt to pick them up. Some landlords are under the impression that they can hold them until the renter has paid their bill. Thats not true in all states.
Once that is finished, you may take the renter to collections, where they pay collection costs and all rent, damages, etc due to the landlord. Most likely if you do that, and the renter didn't appear the first court case, the renter won't appear for this one either.
Once that is granted, you may establish garnishment of wages for the money you lost.

Thats how I did it. And I got the money.
Furthermore, the renters future to rent anwhere is ruined. Not only is their rental history ruined, but credit too.

Check with you attorney generals office. The sheriff won't go into legal details with you, but the the ag office will.

I wish you luck,and I know this is a huge headache. Blah.
S

Answer 5

You can remove her items, however you are legally responsible for them so if any damage occurs she can sue you and win. She may also try to claim that you stole something even if there are only two items. You want to document the condition and items in the apartment with a video camera & camera both with date stamps and multiple whitnesses with you when you move the items.
In court you can ask about what to do with the objects in storage, however in most states you have to hold them for at least one year before being able to dispose of them.
So if you proceed cautiously feel free to do so. Don't forget to change the locks to the door.

Answer 6

call the sherrifs office thats their job to advise and evict they know the rules very well not your problem now