Holdover tenant - Posted by Jim Moskal

Posted by JHyre in Ohio on January 17, 2003 at 07:12:53:

Depends on your lease and your state law. Some states have statutes that override the lease in this situation, with very specific procedures that must be followed. If state law permits and your lease has an abandonment clause, you should be able to enter the premises and remove the property without a “breach of the peace”. In that event, I’d put it in storage, pay for the first 30 days and inform the ex-tenant of the property’s whereabouts.

John Hyre

Holdover tenant - Posted by Jim Moskal

Posted by Jim Moskal on January 16, 2003 at 11:34:09:

Hello,
I have a tenant who hasn’t paid rent for Dec 2002 to present. The water is shut off since mid December. She has utilities on (heat) but is not living there. She is basically using it for free storage. I have posted (not registered mail)eviction notices since Dec 07.

My question is at what time can I phically move her stuff into a storage unit? and can I hold he stuff until payment is made in full? I have a tenant ready to move in. Help is much appreciated. Thanks!