How Many Days Do I Have to Give for Someone to Get Their Belongings Off My Property in Ohio?
Property abandonment laws can be confusing, especially if you are dealing with former neighbors, tenants, or family members leaving behind belongings on your property. Understanding Ohio's specific laws and best practices can help you handle these situations efficiently and legally.
Understanding Ohio Property Abandonment Laws
In Ohio, property is generally presumed abandoned if it remains unclaimed by the owner for three to five years. This timeline can vary based on the type of property involved. Once the property is deemed abandoned, it is turned over to the state. Individuals who believe they have abandoned property on their former property must then take steps to reclaim it from the state.
Reasons for Leaving Belongings on Your Property
It is impossible to provide a one-size-fits-all answer without knowing the reason the belongings are there in the first place.
Personal Property Left by an Adult Child
Leaving belongings behind after moving out is common, especially if family members didn't take them with them. Legally, you are allowed to dispose of these items after a reasonable amount of time. Common decency, however, suggests giving the person a reasonable timeframe to retrieve their belongings. What constitutes a "reasonable" time depends on various factors such as the distance they live from you and their current stability.
Property Belonging to an Ex-Tenant with a Lease Agreement
Items stored by tenants who have paid rent but then left the property behind can lead to legal issues. Tenants have a lease agreement that protects their property rights. You should consult a lawyer to avoid legal complications.
Evicted or Lease Ended Tenants
Items left by tenants who have been evicted or have ended their lease depend on local laws and your rental agreement. Again, a lawyer can provide guidance on what you should do to protect your legal rights.
Borrowed or Stored Items
Items stored in your basement or property as a favor by a friend should be politely requested to be removed. Setting a deadline is a good practice to ensure the items are cleared out within a reasonable timeframe.
Abandoned Personal Property or Garbage
Items left by strangers on your property, such as garbage, should be immediately disposed of. Informing your local authorities about any suspicious items can also be beneficial.
Standard Procedures for Removal
The standard procedure for requesting the removal of belongings is to give the person 30 days to take their items. Sending a text or letter and having the person acknowledge receipt is a good practice. Keep that text message or written acknowledgment on file, even after upgrading your device, to protect yourself legally.
Consulting a Lawyer
Although there are general guidelines, property abandonment laws can be nuanced, and it's important to consider the specific circumstances. Consulting a lawyer in your area is always a wise move to ensure you follow the correct procedures and protect your legal rights.
For further assistance, you can also contact your city hall or local law enforcement. However, they may direct you to a lawyer for more detailed advice.
Good luck!