Abandoned Property Notice
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The Abandoned Property Notice is used when the Landlord has sufficient proof that the rental unit is abandoned and personal property was left behind.
Document Last Modified: 3/27/2023
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State Specific Clauses
OH State Assist
5321.15 Acts of landlord prohibited if residential property involved.
(A) No landlord of residential premises shall initiate any act, including termination of utilities or services, exclusion from the premises, or threat of any unlawful act, against a tenant, or a tenant whose right to possession has terminated, for the purpose of recovering possession of residential premises, other than as provided in Chapters 1923., 5303., and 5321. of the Revised Code.
(B) No landlord of residential premises shall seize the furnishings or possessions of a tenant, or of a tenant whose right to possession has terminated, for the purpose of recovering rent payments, other than in accordance with an order issued by a court of competent jurisdiction.
(C) A landlord who violates this section is liable in a civil action for all damages caused to a tenant, or to a tenant whose right to possession has terminated, together with reasonable attorneys fees.
How To Use The Abandoned Property Notice
When a landlord has sufficient proof that a tenant of their property has abandoned the residence then the landlord may use this notice to give to the tenant. This notice makes the tenant aware of the situation and begins the 30 day period for the tenant to contact the landlord before the landlord is able to regain control of the property through the official abandonment process.
This notice can be used when the landlord has definite proof that the tenant has vacated the property even if they have left some of their personal property behind.
Note: Each state has a different method of handling this situation. Some states have specific ways methods and procedures that should be followed in order to regain possession of the property and dispose of any personal items the tenant may have left behind.
The Information In The Notice
The notice itself lets the tenant know that the landlord has made many attempts to contact them with no success and therefore is deeming the property abandoned. The form also details what was left behind at the property and when the landlord entered the premises to make this assessment.
- This list can include items such as:
- Car
- Jewelry
- Clothes
- Appliances
- Bedding
The notice is dated and instructs the tenant to respond to the notice within 30 days of this date or the landlord will begin the abandonment process.
All of these details are included to ensure the tenant is fully aware of the situation and how to cure it should they come back to the property within the 30-day compliance period.
Timing
During the 30-day period there are marks of time that allow the landlord to remove possessions from the property and even sell them. Tenants and landlords should keep in mind that this property may be stored and sold for the profit of the landlord if the property and the personal possessions inside have been abandoned.
Advice and Tips
The professional team at EZ Landlord Forms have years of experience and tricks that they offer in articles applying to being a property owner and manager overall and that relate to the rules of specific states. These can be found at: https://www.ezlandlordforms.com/articles/news/