How to determine if my tenant vacated and abandoned property?

UPDATED: Aug 19, 2012

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How to determine if my tenant vacated and abandoned 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. Weekly rent was due on the 8th and a 3-day notice to vacate was posted on the 9th. On the 10th he left with the intention of coming back on 14th (the last day to pay of the 3 day notice). He never showed up. 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 property considered abandoned? Do I have to let him back in to reside or just pick his belongings up?

Asked on August 19, 2012 under Real Estate Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not a tenant has vacated a rental and abandoned his or her personal property is a question of fact determined upon each circumstance. In essence there is no hard and fast rule or time period to establish if a rental or items have been vacated and abandoned. Under the law, what counts is the intent of the person who has the rental and items and whether he or she is coming back.

The longer the tenant is not seen on the premises the greater the chance that he or she is not coming back and has vacated the premises and abandoned the property.

I suggest trying to track down this tenant by calling him or her, his or her friends and relatives. If this tenant returns, you must let him or her get the belongings if demanded. I suggest that you post a thirty day notice of termination of the lease on the tenant's door. As to letting the person in to reside, if he or she wants to come back you must allow such. However it that happens, you should consult with a landlord tenant attorney as soon as possible to remedy the situation you are in.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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