What is the name of your state? OH
I am a little confused about what to do with 'abandoned' property in ohio, specifally my tenants property left behind after breaking the lease early and moving out. Here are some facts of the circumstances.
1. Tenants paid rent through Jan 31.
2. Tenante left ~Jan 15, and confirmed to me via email they had moved out. (and not coming back) The email mentioned they left the keys with friends who were supposed to get the furniture before the end of the month.
3. Feb 1 rolled around, I changed the locks and took back posession of the property.
4. I have not received any inquiries about the property from the tenants or their friends.
5. How can I dispose of the 'abandoned' property? Can I sell it to recover money they owe me?
Right now, based on the facts of the case, I'm leaning towards selling it to recover damages. I believe the case can be made that the property is in fact abandoned, and without there being laws (state or local) to the contrary, I can sell it.
Ohio law doesn't clearly delineate what to do with tangible personal property, only intangible property. in ORC 169 or something. Some cities municipal courts (in the court rules) require that during eviction you must pay to store the tenants possessions while other muni courts require that you schedule bulk trash pick-ups to 'properly dispose of" the set out property.
Any thoughts, ideas, suggestions? When, how can I consider it truly abandoned?