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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 53705
Experience:  Lawyer; developer/owner of RE developments.
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I'm a landlord in Cincinnati, Ohio, and I recently viewed my

Customer Question

I'm a landlord in Cincinnati, Ohio, and I recently viewed my rental home's interior. The tenant has made a garbage dump of my home, and I've left a voicemail message for the tenant, telling her she had to move now. I've not started a formal eviction yet, but I will soon.For whatever property of some value the tenant leaves behind, do I have ANY responsibility to store it for her, keep in good shape, etc., until such time as she may want it? I'd just as soon discard it, or maybe try to sell some of the items, to help pay for the cost of putting the home back into shape.
Submitted: 23 days ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 23 days ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 23 days ago.

Ohio doesn't have any specific statute regarding abandoned property. BUT, unfortunately, you won't be able to simply keep it or throw it away without giving the tenant notice and giving the tenant an opportunity to come get it. To protect yourself, you want to give the tenant written notice of typically 30 days to pick up the property or it will be considered forfeited. The notice can require the tenant to be responsible for the cost of storage. Then, if the tenant fails to come get it, you can do whatever you choose with it. If the tenant's deposit is not sufficient to cover any damages caused, you will want to file suit against the tenant to collect the shortfall. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property he owns to satisfy the judgment.

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