Legal Question in Real Estate Law in Ohio

Abandonment of Property

I discovered on the 7th of the month that my tenant broke her lease and left my property. She advised that she had been out since the last day of the previous month, but still needed to clean up. She advised that she would do so the following day.

On the 10th, I entered the property and discovered that she had trashed it. Garbage, clothes, rotting food, paper....etc etc. I also discovered my personal mail, which had been opened.

The things left appear to be totally worthless, although she did leave her stove - my quess is that it doesn't work.

In an effort to mitigate the damages, I changed the locks and cleaned up. I did not throw anything other than garbage away and have stacked up her belongings - - 2 broken chairs and a few other miscellaneous things.

I did not go throught the ''eviction'' process b/c I felt it was an emergency to get that cleaned before it started attracting rats and such. Plus, she made it clear that she was out. Can I go ahead and file a small claims action for breaking of the lease (she had until August), as well as outstanding water and gas bills? Also, how long do I have to hold onto these things? - she left no forwarding address.

thank you


Asked on 4/10/04, 11:01 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Abandonment of Property

I believe that you can file the small claims action immediately, although be aware of the $3000.00 small claims limit. To be safe as to the property, I would hold onto it for at least 30 days, and make some sort of an effort to locate a forwarding address for her, either through her friends or the post office. You want to show the efforts that you made in case she comes back at your for conversion.

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Answered on 4/11/04, 1:19 am


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