Abandoned apartment

I am a landlord in Ohio. My tenant paid her utilities on the last day possible, Feb 19, with a bad check. She called my home earlier that day and left a message that she had broken her hip two weeks earlier and was in a rehab until Friday, Feb 22. However, I saw her walk up the driveway on Sunday, Feb 17. Feb 19 was the last day I heard from her or her husband. The rent was due on March 1. I have left notes on the door, asking them to call. I've left messages on their answering machine and finally I left an eviction notice on the 4th. No other tenants have seen them. I left a note that I would enter the apartment in 24 hours. When I went in the following day, their furniture and dishes are there, but no clothes or other personal belongings. The utility board called on March 7 to say they had a returned check for January electric. February's electric bill is due today. I locked up the apartment with another lock because I really didn't know what to think. I went over there tonight and I looked as if someone had been on the porch. Later this evening, I got a call saying she had contacted her attorney because I had changed the locks, that I need to let her in or she would call the sheriff. The utilities have been turned off and the apartment is cold and unliveable. Was I right in thinking the apartment had be abandoned?

[OHlandlord]

Unfortunately, OH does not have a statute on abandonment. Since there is no statute, you either have to have a definition written into your lease (where the tenant signs that section that they agree with the efintion and your subsequent actions( or you need to pursue eviction completely. Since you don't mention any lease clause, I will assume there is none that addresses this. Allow the tenant in immediately to avoid a lawsuit. Since their furniture was still in the unit, it would appear the place was not abandoned, even though the utilities are off. You can't change the locks.

Did you leave the 3 day notice on the 4th? If so, you need to go to the court tomorrow with a copy of that, a copy of her lease, and the completed eviction paperwork (the 2 part eviction form, and the affadavit of military service which has been notarized). You might want to call ahead to the court and ask if they have any other things you need to bring (our local court requires a copy of the deed and the property tax card from the county auditor). Go and file for eviction immediately so you can get her out now.

You might want to join a local LL association in your area. Try searching the internet for a chapter of REIA in your area. They would know how judges in your area rule on abandonment. Some judges and magistrates will recognize it, other will not. Without a statute on this, they leave it up in the air and put us LLs in a bad position each time this happens. This is why I write a defintion of abadnonment in my leases now and have the tenant sign that particular section. They can't say later they didn't know what I would consider as abandoned, nor can they say they didn't agree to it.

Thank you so much for your reply. I find these situations frustrating and sometimes complex. I will be writing this into my lease in the future. Is it possible that I have any other options? Since the utilities are off, can I contact the health department, or could doing so just delay the situation? Also, I am responsible for all the utilities they leave behind. Since she wrote the bad check to the utility company I'm not sure I can even use it for leverage to get her out quicker. Again, thanks for your help.

[OHlandlord]

You could call the health deprtment to have it declared uninhabitable (or the city builiding inspector). You can't live in a unit without utilities. You could also contact the police or prosecutor about pressing charges for the bad checks.