Tenant abandoned a rental unit in Cleveland, now what?

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Tenant abandoned a rental unit in Cleveland, now what?

Brian Garlington
Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes

The short story is I inherited a tenant at a property i bought in Ohio and they appear to have simply moved out of the property. 

What are the laws regarding this? I assume people like @James Wise and @Michael Swan have heard of something like this. 

A tenant at an adjacent property told my PM this past weekend he thought they had moved out because he saw moving trucks, etc last week. The PM has teached out ti them leaving voice mails and text but there is no answer and they dont respond to texts. My PM has also driven by there twice in the day and twice at night knocking on rhe door but there is no answer.

Yes i had a month to month lease with them that they were extremely reluctant to sign when i closed on the property March 6. They flat out refused to pay March rent, saying they were “moving out soon”, probably April but definitely by May. 

My Property Manager is an eye witness to this as he was standing in front of them and jad them on speakerphone when they said this on March 24th. 

We served them a 3 day notice....they ignored it, and when they got the court date sent to them they said they dont want an eviction on their record so if we pay for April will you forget about March and stop the eviction. We said yes and “miraculously” they paid the April rent. 

Of course the May rent is due and it apoears they have made good on what they verbally said about moving out, but tgey disnt put in writing. 

I certainly dont want to sit and wait 30 more days to make it official and leave the rental property abandoned as well as have more lost rent.

Does anyone know what the next steps should be? I dont want to be a comolete jerk and file a 3 day notice and then an eviction notice on them if they have in fact moved out but i also dont like the idea of lost money just having it sut bacant the next 1 to 2 months while they continue to ignore the texts and phone calls. 

Any suggestions?

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Rob Gillespie
Specialist · Cleveland, OH · Member since 2011 · 1k+ posts · 852 votes
8y

@Brian Garlington 

My advice is how I handle it, not looking for 1000 people to debate me on my method, it has worked for me for over 20 years, LOL

From the spot you are in right now with them not responding and you believing they have moved I would post a letter on the font door that says the following in BIG BOLD TEXT

______________

                                                                ATTENTION (TENANTS NAME)

Per our last conversation you  were moving out and would no longer be Occupying this property.

I have records of calling, and texting you several times with no response. You have not paid Rent and we have stopped by several times and no one answered.

This leaves us believe that you have relocated and have abandoned anything that is left inside.

This is a 48 Hour notice that on (insert date) at (insert time) we will be sending a crew through the home to clean it out and discard of whatever is inside. At that time we will also be changing the locks.

IN THE EVENT YOU ARE STILL OCCUPYING THE PROPERTY, PLEASE CONTACT US IMMEDIATELY VIA CALL OR TEXT

                                                                            (INSERT NUMBER)

We are taking this action to avoid putting an eviction on your record.

Thank you,

Management

(insert your number)

_____________________

I have never been challenged on this and have actually had tenants call me and pay for some extra time.

If you need a clean out crew, shoot me a PM. I have the best guy in Cleveland. He is Ex Amish and I have EVERYONE using him!

Good luck!!!

P.S. TAKE A PIC OF THE SIGN AND HOLD A NEWSPAPER NEXT TO IT TO SHOW THE DATE YOU PLACED IT. THEN TEXT THEM THE PIC

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  • Caleb Heimsoth
    Rental Property Investor · Durham, NC · Member since 2016 · 7k+ posts · 7k+ votes
    8y
    Brian Garlington well what does your PM say? I’ve invested in Cleveland myself and I would recommend you defer to your PM
    0Reply
  • Amy Beth
    Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
    8y
    Perhaps let them know that you have heard that they moved out. Let them know that if they don’t confirm within 24 hours you will be forced to file for eviction. Since they were concerned before about having their record ruined that will motivate them to respond. Perhaps there is a form you could email to them that they could sign as well to confirm that they have moved out. I would check with your PM about this of course. If they do not respond after 24 hours then go thru with your threat and give three day notice and follow through.
    1Reply
  • Account Closed
    Property Manager · Grand Rapids, MI · Member since 2018 · 97 posts · 80 votes
    8y

    If they are on a month to month lease, send them a thirty day notice to move out and keep their security deposit as past due rent for May. 

    1Reply
  • Andrew B.
    Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    the fact that your PM has nto advised you how to handle this situation is more concerning than the abandonded property.

    3Reply
  • Rob Gillespie
    Specialist · Cleveland, OH · Member since 2011 · 1k+ posts · 852 votes
    8y

    @Brian Garlington 

    My advice is how I handle it, not looking for 1000 people to debate me on my method, it has worked for me for over 20 years, LOL

    From the spot you are in right now with them not responding and you believing they have moved I would post a letter on the font door that says the following in BIG BOLD TEXT

    ______________

                                                                    ATTENTION (TENANTS NAME)

    Per our last conversation you  were moving out and would no longer be Occupying this property.

    I have records of calling, and texting you several times with no response. You have not paid Rent and we have stopped by several times and no one answered.

    This leaves us believe that you have relocated and have abandoned anything that is left inside.

    This is a 48 Hour notice that on (insert date) at (insert time) we will be sending a crew through the home to clean it out and discard of whatever is inside. At that time we will also be changing the locks.

    IN THE EVENT YOU ARE STILL OCCUPYING THE PROPERTY, PLEASE CONTACT US IMMEDIATELY VIA CALL OR TEXT

                                                                                (INSERT NUMBER)

    We are taking this action to avoid putting an eviction on your record.

    Thank you,

    Management

    (insert your number)

    _____________________

    I have never been challenged on this and have actually had tenants call me and pay for some extra time.

    If you need a clean out crew, shoot me a PM. I have the best guy in Cleveland. He is Ex Amish and I have EVERYONE using him!

    Good luck!!!

    P.S. TAKE A PIC OF THE SIGN AND HOLD A NEWSPAPER NEXT TO IT TO SHOW THE DATE YOU PLACED IT. THEN TEXT THEM THE PIC

    5Reply
  • Michael Swan
    Rental Property Investor · San Diego, CA · Member since 2014 · 1k+ posts · 2k+ votes
    8y

    Hi @Brian Garlington,

    Great talking to you on the phone.  In this type of a situation, I'm not saying this "WINK WINK" go in there and get it done and rent it out.  They just don't want an eviction on their record and want to just go away.

    Swanny

    2Reply
  • Brian Garlington
    OP
    Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    @Rob Gillespie    Thank You so much Rob!

    0Reply
  • Brian Garlington
    OP
    Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    @Michael Swan   It was great talking with you as well last night my friend. Thanks for the guidance and inspiration.

    2Reply
  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    8y

    @Brian Garlington Technically there is a specific process for legal abandonment.  You'd want to send them a certified and non certified letter. If they do not respond to either of those letters in 14 business days the unit is legally considered abandoned & you can enter it to take possession. 

    1Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    8y

    @Brian Garlington I have had a couple midnight move outs. If I suspect they are gone, I just post 24 hour notice to enter on the door. When I enter the property if the beds, clothing, food are mostly gone, then they are gone. Not every tenant will hand you written notice to vacate. Especially if you post a pay or quit. Some people will quit, which means moving out. That is the purpose of a pay or quit, either get rent or get them out. If they left, why would you evict them?Just get the place cleaned out and re-rented. 

    I am really surprised your PM doesn't know how to deal with this. It is a pretty common situation. 

    2Reply
  • Brian Garlington
    OP
    Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    @James Wise   Thanks for the info man. Much appreciated.

    0Reply
  • Al D.
    Investor · San Francisco, CA · Member since 2017 · 303 posts · 327 votes
    8y
    I am sorry that you have a PM who does not seem knowledgeable. It sounds like you got great advice from Swanny, Rob and Holton-Wise by phone, but I don’t know the specifics (and you don’t need to share.) This may be repeating what they told you, but perhaps not: Has the manager checked to see if the door is unlocked and keys may have been left in the mailbox or inside the property, visible through a window? You/your agent need to only give a “reasonable notice” before entering an Ohio property. Ohio actually specifies 24 hours (ORC 5321.4(8): “Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.”) I do not see where the law defines “notice,” but would make sure that my notice was in writing - does not have to be on the door. Once, in the middle of winter, when faced with a similar situation, I treated the situation as an emergency - had to make sure that heat was left on (and it turned out that it was not.) In May, if your PM should walk up to the front door in order to place the 24 hour notice, and hear running water inside the residence or smell gas (assuming, of course, there is gas service at the property or something else along these lines that their human senses should be able to detect,) you have an emergency. Otherwise, secure the notice to the front door and take a pic with a device that automatically records the location and time (today’s newspaper in the shot is also fine.) Once inside the residence, you can tell us what your agent will see, and we can plan the next step. Maybe you’ll find the keys and a note. If there is still any security deposit that the tenant knows he may potentially get back: The clever thing to do in this case is to reach out to the tenant in writing (text/email - for expediency) to ask where to send the remainder of the security deposit. Per ORC 5321.16(B), the tenant is required to provide forwarding address in writing (but there is no prescribed penalty for the tenant, short of an inability to get something additional from you.) There is, however, a potential penalty to you, per 5321.16 ORC, if you don’t provide proper notice within 30 days of the end of tenancy (but when does the clock start in your case?) Hopefully, the tenant will respond, which should confirm that they vacated - you want need to wait on a 14 day notice. Familiarize yourself with 5321 ORC as an Ohio landlord. I have come across local cops who don’t know laws associated with being a landlord (creditor,) and agents/PMs clueless on anything out of the ordinary. Make the law your friend - there is little to guess when you know the law. Not an attorney. No legal advice given.
    1Reply
  • Caleb Heimsoth
    Rental Property Investor · Durham, NC · Member since 2016 · 7k+ posts · 7k+ votes
    8y
    Brian Garlington I just had this happen st my Cleveland rental about a month ago. It was a couple. The guy left randomly about 3 weeks before the lease ended. They got the notice and his (presumably) ex gf moved out a couple weeks later. It rented 3 weeks later.
    0Reply
  • Brian Garlington
    OP
    Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    Interesting.........Thanks to you @Caleb Heimsoth

    0Reply
  • Jan H.
    Investor · Saint Johns, FL · Member since 2015 · 141 posts · 100 votes
    8y
    What does your lease say about Abandonment’? All my leases have a specific clause about this, basically saying that if they abandon the property, the lease is void and landlord can take possession. Not sure about OH law , but I would follow the lease terms and make sure you understand the local laws which -as others stated- your PM should know well.
    1Reply
  • Brian Garlington
    OP
    Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    @Jan H.

    Yep,...The PM is putting the 24 Hour Notice to enter up today and calling and texting....tommorow they will enter the property and start changing locks. 

    0Reply
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