Re: personal property abandonment - Landlord Forum thread 353901

Re: personal property abandonment by Anonymous on August 17, 2017 @17:28

Leaving keys on the counter means nothing. They could be there for someone else. You have no documentation that the tenants have abandoned the rental such as any notice that they have left and any thing left is abandoned?

You should be aware of Ohio's law where a tenant who is not in possession can file a 5321.15 claim against a landlord who takes possession unlawfully. Without documentation that the tenants have indeed abandoned the rental, if a tenant can prove that you violated Ohio Revised Code Section 5321.15, you can be subject to a lawsuit for the tenant's actual damages and attorneys fees. A claim for relief for violation of Ohio Revised Code Section 5321.15 may not be the only claim for relief in the lawsuit against you. You can also be sued for the common law intentional torts of conversion, trespass, trespass to chattels, punitive damages to the tenant as well as attorneys fees. (Gordon v. Morris, 2001 Ohio App. LEXIS 338 (February 2, 2001) Greene Co. App. 2000-CA-69)

"The best course of action to take in a situation where you cannot be sure whether the tenant has abandoned the place is to file an eviction with the courts and get a writ of restitution. If the bailiff conducts the set out after a properly filed eviction, there will be no liability for the landlord if he or she is sued. The money that you spend filing the eviction will likely pale in comparison to the money you spend on an attorney to defend you on a 5321.15 claim. Even in cases where you are sure that the tenant has abandoned, it is a good idea to video tape the condition of the premises so that you can show a court the conditions which led you to believe that the apartment was abandoned, as this may lead the court to the same conclusion".

"A wise landlord will make a practice of having tenants sign a document stating that they have left the property voluntarily as of a certain date and that any property left behind is either not theirs or abandoned. You should also preserve any communications with the tenant such as emails or letters in which the tenant stated that he was leaving and not coming back. Making an inventory of any items left behind is not a bad idea either. Storing valuable items in a safe place for a time is also a good idea. This may limit the damages the tenant can assert against you".

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