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babybeeps38 · Sep 22, 2012, 12:40 AM

Tenant moved out middle of month-voluntarily quit lease for inability to pay rent. Rent was due on 1st of month. She left some furniture and children's toys/clothing-enough for 3-4 pick-up truck loads. Co-tenant (ex-boyfriend) vacated property in July-locking his furniture and belongings in garage. As the landlord, how do I deal with them in terms of completely vacating the property of their belongings? I would like to sign a new tenant for October. Can I demand removal of items by Sept. 30th? If items are still there then, what am I permitted to do? I can communicate only with her as I have no working #/address for co-tenant boyfriend & only his mother's # to leave messages.

Fr_Chuck · Sep 22, 2012, 01:09 AM

When the tenant left, did they sign a relase ?

In Georgia, I was always caught on this one, I had to store it for up to 60 days giving them notice to come get it.
So instead I would not admit they moved out, say I thought they were still livign there and just evict them, That way within a few weeks I could sit property out to the curb.

Since the furniture is there, who is to say if they are living there or not ?

joypulv · Sep 22, 2012, 05:05 AM

Laws dealing with property go by state. Some don't allow putting it out on the curb at all, or after eviction. Tell us your state or look up your state's civil code on landlord-tenant law.

babybeeps38 · Sep 22, 2012, 06:40 AM

No releases were signed. State is Ohio. They have 30 days to vacate after a 3-day Pay-or-quit. I would like to say the 30 days is up Sept. 30th. I believe that landlords take possession of unclaimed property at that time.

joypulv · Sep 22, 2012, 06:46 AM

I found this on a law forum:
"Ohio doesn't have laws covering abandonment. In future, prevent this by writing a definition of abandonment into your leases and have the tenants initial their agreement with it at signing... Most courts here will recognize abandonment as being at least 10 days late on rent, being unable to contact the tenant by written notice or phone, by inspection of the premises to verify occupancy (post 24 hour notice prior to entering & document lack of utilities, bed, TV, edible food, personal belongings -hygiene/clothes/etc.), a notice of abandonment posted on door declaring unit abandoned if not contacted by tenant within 7 days, and so forth."

A charity might be willing to take it all. Make it clear that you want them to take all of it.