Unauthorized Tenant - How long before they are considered gone

[Melissa N.]

One of our tenants let his girlfriend stay with him (she started getting mail there). He wanted her out and tried to get a restraining order to get her out but they denied it. He is partially disabled and has not been an issue before this incident. His grandmother helps him so she's been in contact with my property manager. 

He kept saying he was trying to get her out but after we filed a 3 day notice, he now says she's gone but she still has stuff there.  How long before she is no longer considered a resident? What documentation should we get from the tenant to state she is not a tenant, if any? (This is in Cincinnati)

[Daryl Luc]

Ok, your situation is in Ohio and I'm in Ohio so here's the deal.  If there's a known new address for her, then go to the post office and forward all her mail to that address immediately.  Anything coming from that point on should be returned to sender with 'no known address for addressee' on the outside of the envelope.
Someone has to go to the property with a copy of the lease in hand and sit outside waiting for her to show up. If and when she does, she has to be presented with the following options: 1. fill out an application, pay the background check fee and then be ready to sign the lease and become jointly and separately responsible for the rent and any other stipulations of the lease if she passes the criteria you have in place for evaluating tenants.  If she doesn't pass, she can't live there or you'll have the sheriff get involved. Unfortunately, that will require that you obtain a judges order.  
Or 2. she takes her things immediately and stays away never to return.... I don't have a copy of your lease so I have absolutely no idea what it says about visitor length of stay, conversion from visitor to tenant etc. but now you've learned a lesson.  Every lease needs to contain that sort of language or you have squatters, not visitors, not girlfriends, but squatters.  And in most states, squatters are harder and more expensive to rid than tenants.  BTW, I'd definitely want to see the restraining order refusal from the court.  Sounds really fishy.  Now...be prepared for the fact that they are likely to get back together and she'll be back on good terms with him.  Let's say your lease says that any guest or visitor staying for seven days in any thirty day period must go through the process to become a signatory to the least or move out, then you, not your tenant have the power and authority to go to the court and get a restraining order if she's there on an eighth day in violation of the terms and conditions.