personal property abandonment - Landlord Forum thread 353896

personal property abandonment by Rich (Ohio) on August 17, 2017 @14:40

I own a house in which my tenants 30 days notice of leaving expired on August 15th (were on a month to month basis after the first year). They took maybe half of their possessions and left the other half in the house and on the porches. I even gave them a couple extra days to remove them before I changed the locks on the house. The following is an excerpt from the end of the paragraph concerning abandonment from the lease agreement:
"If Landlord's right of reentry is excersed following abandonment of the Premises by Tenant, then Landlords shall consider any personal property belonging to Tenant and left on the Premises by Tenant, then Landords shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlords may dispose of all such personal property in any manner Landlords shall deem proper and Landlords is thereby relieved of all liabilty for doing so".
So my question is, can I dispose of their belongings without any further notice? Thanks for any help you can give.

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Re: personal property abandonment by Anonymous on August 17, 2017 @15:20	[ Reply ]

How do you know that the tenants have abandoned any personal property? Have they given up possession back to you? Are you sure you have legal possession? You may be trespassing and illegaly removing the tenants personal property? Ohio courts have ruled that such lease clauses as yours are not inforceable as they contradict your state law. It's better to proceed with filing for possession with the court so that you have legal possession back. Otherwise you may find yourself in court facing a judge who says you acted too quickly and without authority to remove the tenants things as they may be hold overs according to the court.

Re: personal property abandonment

Re: personal property abandonment by Anonymous on August 17, 2017 @20:25	[ Reply ]

Read up on the abandonment laws for the state of Ohio. Seven days, if I remember correctly, and the stuff is abandoned.

Re: personal property abandonment