How to determine if a tenant abandoned their property?

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How to determine if a tenant abandoned their property?

I am renting out a room in the house I own and reside. The tenant pays weekly but with no written lease. I assume he is a month-to-month tenant. Rent was due on the 8th and a 3-day notice to vacate was posted on the 9th when he did not pay. On the 10th he left with the intention of coming back on 14th (the last day to pay of the 3 day notice). He left a phone message on the 14th that he would be back on the 15th and that he had rent. Was I allowed to post the 3 day notice vacate the day after rent is due? On the 18th (after being gone 7 days while rent is due) is his property abandoned?

Asked on August 16, 2012 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country whether a person has abandoned their personal property is a question of fact to be determined from the circumstances of each matter. There is no set rule on whether something is abandoned. If something is abandoned, it means that its owner has no intent on retrieving the article or coming back to the place where he or she was living.

Until this tenant advises you that he is no longer living in the room you rent and no longer wants his or her belongings, the items are not abandoned nor is the room. The longer you have no contact from this person (for example several months down the line) the greater the likelihood of an abandonment issue of the rental and property.


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