Legal Question in Real Estate Law in Ohio

nonpayment and abandonment

We received notice by e-mail at the beginning of the month that a tenant would not be able to pay rent any longer. We did not receive rent for the month. The tenant had a history of late payments. We were unable to contact him by phone. The utility companies sent us notices of nonpayment by the tenants. We went to the house to check around the 5th. The house and garage were left unlocked with trash everywhere. The house smelled of animal urine and rotting food. Numerous copies of keys to the house were left by the door. We secured the house and checked back several times. By mid-month, the conditions in the house were deteriorating, so we started cleaning and changed all the locks in the house and garage. We had not heard from him by that time, so we had trash hauled away. He emailed at the end of the month and stated he wants his belongings back along with the security and cleaning deposit. What are our rights as landlords in a case like this where 30 days notice from the last rent payment was not given? Also the lease was an oral agreement. Efforts to get him to sign a lease were unsuccessful.


Asked on 9/30/01, 4:19 pm

2 Answers from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: nonpayment and abandonment

I would deem it a voluntary surrender of the premises by the tenant. You must send a written statement of the damages to the last known address of the tenant within 30 days of your securing of the premises. Any damages over and above normal wear and tear are recoverable in court against the tenant. You also must give the tenant an opportunity to retrieve his belongings. If he fails to gt them after at leat 30 days, they may be deemed abandoned, and sold to reduce the damages.

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Answered on 11/06/01, 10:38 pm
Gregg Manes Gregg A. Manes, Esq.

Re: nonpayment and abandonment

It appears that the tenant has abandoned the premises. You are obligated to either give the security deposit back or give a reason why you are holding the security deposit. Cleaning the house is a valid element of damages and will probably eat up most of the deposit. But you still need to give the tenant notice.

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Answered on 11/09/01, 10:43 pm


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