3 Day Notice in Ohio - Tenant Seems Gone?

Question

Hello all!

Wanted to get advice on a 3 day notice I served last week.

The tenant looks to be gone, he removed most of his stuff, leaving behind a couch and some trash. The 3 day notice is still on the door.

Legally, does this mean he is gone and I have the right to take it back over? Or do I need him to tell me so? I am assuming the latter.

He is unreachable by phone.

Any help would be appreciated!

Thank you,

Steve

Kyle J. · Answer

Most states, including Ohio, have rules regarding "abandoment".  Here's the source for Ohio's law on this subject:

Abandonment of Dwelling Unit by Tenant (Section 375.10).

The ordinance establishes standards and procedure for determining whether a tenant has abandoned a dwelling unit.  It also establishes procedures for the landlord’s disposition of any personal property of the tenant that remains in the dwelling unit after the tenant has abandoned the dwelling unit.

And here's the exact verbiage of the law:

Section  375.10 Abandonment of  Dwelling Unit by Tenant; Landlord Remedies

(a) For the  purposes of this Section, "abandonment" means the tenant has vacated the  dwelling unit without notice to the landlord and does not intend to return,  which intention may be evidenced by the combination of the tenant’s removal of  substantially all of the tenant’s possessions and personal effects from the  dwelling unit plus one of the following: (i) nonpayment of rent for at least two months, (ii) termination of the  utilities to the dwelling unit at the request of the tenant, or (iii) an express  statement by the tenant to the landlord that the tenant does not intend to  occupy the dwelling unit after a specified date.

(b) If the  tenant abandons the dwelling unit, the landlord may send notice to the tenant at  the tenant’s last-known address both by regular mail, postage prepaid, and by  certified mail, return receipt requested, stating that (i) the landlord has  reason to believe that the tenant has abandoned the dwelling unit, (ii) the  landlord intends to reenter and take possession of the dwelling unit unless the  tenant contacts the landlord within ten days of receipt of the notice, (iii) if  the tenant does not timely contact the landlord, the landlord intends to remove  any possessions and personal effects remaining in the dwelling unit and to  re-rent the premises, and (iv) if the tenant does not reclaim such possessions  and personal effects within thirty days after the notice, the landlord will  dispose of them as permitted by this Section. The notice shall be in clear and simple language and shall include a  telephone number and a mailing address at which the landlord can be  contacted. If the notice is returned as  undeliverable, or the tenant fails to contact the landlord within ten days of  the receipt of the notice, the landlord may reenter and take possession of the  dwelling unit, at which time any rental agreement or lease still in effect shall  be deemed to be terminated.

(c) The landlord  shall not be required to serve a notice to vacate as provided in Section 1923.04  of the Ohio Revised Code or to bring a forcibly entry and detainer action as  provided in Chapter 1923 of the Ohio Revised Code to obtain possession or  occupancy of a dwelling unit that, according to the provisions of this Section,  the tenant has abandoned. Nothing in  this Section shall relieve a landlord from complying with the provisions of  Chapters 1923 and 5321 of the Ohio Revised Code, if the landlord knows, or  reasonably should know, that the tenant has not abandoned the dwelling  unit.

(d) The landlord  shall inventory any possessions and personal effects of the tenant that are in  the dwelling unit and shall remove and keep them for not less than thirty  days. The tenant may reclaim such  possessions and personal effects from the landlord within that thirty-day  period. If the tenant does not reclaim  such possessions and personal effects by the end of that thirty-day period, the  landlord may dispose of them as the landlord deems  appropriate.

(e) No action shall be brought under  Section 5321.15 of the Ohio Revised Code against a landlord who takes action in compliance with the provisions of  this Section.

Steve Baldwin · Answer

@Kyle J.

@Justin B.

Thanks for the quick answers. Looks like he has abandoned!

Justin B. · Answer

I would send him a letter to inform him that you are entering the premises within 24 hours. Send it. Then enter the place and take pictures to prove that there was a reason to believe that they had vacated the building.

Given the fact you served him with a 3 day letter already will show the court that you had reason to assume he was leaving and had already left.

Gather his shit up and store it somewhere for a month and then toss it out if they don't make attempts to pick it up.  I would also send an additional letter pointing out that you will store their items for no greater than 1 month with a charge of $50.  (check with an attorney on this letter)