Legal Question in Landlord & Tenant Law in Ohio

non paying tenant possessions

My friend lost her job and was being evicted June 2008. I invited her all the time (and her 11 yr son every other week) to stay in my home FREE. I purchased food over 50%, assisted getting child to bus/homework/to bed when needed. After Christmas sm things found broken, spoke to her because her son was becoming careless and lying. She started letting him stay home alone when I was at work and she was working. He was home alone-Feb. 2 upstairs tub faucet was pulled away from wall and flooded downstairs kitchen. $1300 damage of which I pay $500 deductible. My husband was transferred to TN June; was home after incident and attempted to speak to her re son left alone in future. She went to her mothers for weekend, we think to avoid my husband's visit. Made many attempts to speak; she refused calls and wouldn't return calls. Would text only. I was going to TN for week.We kept her text. I will move my things out while you are gone. I said NO, gave 24 hrs for necessities & make arrangements on my return for rest.I let her know,by text, I am back; she won't contact/what do I do now with her possessions including turtles? My hse on market since July and needs to be ready to show. Please give guidance


Asked on 2/22/09, 11:15 pm

1 Answer from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: non paying tenant possessions

You need to give her a 30 day notice of termination of her tenancy. If she fails to move, post a 3 day notice to vacate. If she still fails to move, file a complaint for forcible entry and detainer. You can include a "second cause" for the $500 deductible and any other damage. The court will order her to move with in 7 to 10 days generally. The court will give you a writ to take to the bailiffs' office. The bailiffs will schedule a move out date on or after the date set by the court. The bailiff will not move the property, but will supervise while you set the property out on the curb. This will prevent you from having any liability for the property.

I can prepare the documentation for you for a fee. If you would like to discuss your case email me at [email protected].

Disclaimer: I am not offering legal advice. I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer.

Read more
Answered on 2/23/09, 2:05 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Ohio