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JoeJoe
05-01-2006, 04:55 PM
If a tenant is on a mtom and gives a 15 day notice to vacate premises, pays the current months rent at the same time and indicates they'll be out by the 1st of the next month but continues to have property on the premises three month later as well as having the keys in their possession and on the 76th day removes the trash left behind and never clean the premises. There is no security deposit because the tenant borrowed it a while back due to legal troubles. The tenant did come and pay March rent and agreed on April 27th the day the tenant removed the trash and some possessions to pay for April - the tenant hasn't done so yet! However, what about May, even though the tenant does occupy the premises, it'll take time to clean and repair the damages - (extensive) and the premises will not be available for rent until June. Is the tenant liable for May's rent and should the tenant be sued?

ohiolandlord
05-01-2006, 11:32 PM
The question the court will have to decide is whether the tenant actually moved out despite leaving belongings there. What belongings were left, how many, what happened with utilities, was mail still delivered?

Considered reading the following case for guidance:

http://www.ohiolandlordtenant.com/marple.html

JoeJoe
05-02-2006, 03:19 PM
the tenant left food in the refrigerator, two cats, book bags and golf clubs, speaker and trash, etc. She did come get the cats in early March and the food she removed on April 1st. The locks to the premises have not been changed and the utilities remain on and her mail continues to come to this address. The tenant was sent a certified letter to her new address, however, she never went to the post office to pick it up and it was returned after being held 30 days.