Legal Question in Landlord & Tenant Law in Ohio

had a tenant move in, 1st month's rent was due april 1, did not pay, gave her an eviction notice to be out by 4-15-11, left a note in my mail box and said she could not be out by then, but will be out by monday 4-18-11 for sure, with the place all cleaned, monday came and went, called her on monday, said she would be there, did not show, called tuesday no answer, wednesday no answer, but she did mention she was moving to tenn., she has 6 garbage bags sitting outside, and 6 tires also, looked in the window the place is a mess, since she left me a note saying she would be out by monday for sure, and does not return our phone calls, and the place is just sitting empty, can we go in and change the locks and get rid of everything inside.


Asked on 4/21/11, 6:51 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, "self help" evictions (wherein the landlord simply changes the locks and tosses out the tenant's stuff are prohibited by Ohio Revised Code Section 5321.15. However, it is a defense to an action based upon Ohio Revised Code Section 5321.15 that the tenant left and had abandoned the property left behind. However, if the tenant can convince the court that he or she had not left and was simply needing more time to get out, then the situation can get sticky.

Whenever there is any doubt as to whether a tenant is still there or still going to come by to get his/her stuff, then it is best to go through the statutory eviction process outlined in Ohio Revised Code Section 1923.04.

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Answered on 4/21/11, 8:04 am


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