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mbsdonna

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Posts: 1
Reply with quote  #1 
I have a tenant who gave 30 days notice in writing.  I have not seen ner since a couple days after that notice expired when she was moving out.  She did not return keys.  It has now been a week and there is personal property and trash in the apartment.  Is this considered abandoned and at what point can I legally enter the apartment since she gave notice that was up a week ago? Do I have to go through the abandoned property notice since she has apparently moved and taken what she wants and what is left is of little to no value?  Do I consider it "trash"? Remember, she gave me the notice to quit.
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Donna Bradley
OHlandlord

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Posts: 3,733
Reply with quote  #2 
This question is hard to answer.  The correct answer differs from state to state, and even from area to area within some states.  You need to see if your state has abandonment laws.  Is there a statute (state or local) that recognizes abandonment?  If so, you must read it carefully and follow what it directs you to do.  Often it requires that you post a proper notice to enter (as if the tenant is still there), then go in and inspect.  Document what you find with photos and a witness.  What trash is left?  Is there any food left in cabinets or fridge?  What furniture is left?  Are the utilities off?  (Call and verify when they were shut off and why.)  Are there clothes and toiletries present?  Basically, you need to document that no one is able to live there as it stands.  Then many states require you to post a notice stating that you feel it is abandoned and giving the tenant a chance to contest it.  Then you can retake possession, storing the tenant's belongings for a set number of days before disposing of them.

Other states, like Ohio, have no abandonment statute.  Our only choice is to go ahead and proceed with eviction.
BritneyR

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Posts: 227
Reply with quote  #3 

The real estate laws are different for each state. I would suggest you to seek the help of a real estate agent. 


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