evicting a tenant who has already moved out.

[akayerich]

Here is my situation: We have a rental property in Ohio with a lease still in effect until 3/1/07. We found out from the utilitiy companies that all utilities were turned off or put back into our name by the tenant. We have not received any rent for December, which was due on the 1st (its now the 16th). Calls and messages left for the tenant have gone unanswered. When we inspected the property, we found that she has obviously moved out (no furniture or clothing), but left a lot of other property, including two live fish in a filtered tank plugged in to what is now our electricity. I know that I can't remove anything or rent to someone else or change the locks as long as the lease is still in effect. So we sent by certified mail a three-day eviction notice to pay rent or get out, and also included a letter the tenant could sign to avoid an eviction case which says that she wants to end the lease and that she relinquishes possession of any objects left on the premesis and that any such objects could be disposed of.
My questions are: Have we broken any laws by suggesting that she terminate the lease to avoid an eviction record? If she signs the lease termination/ relinquishment of property letter, would that be enough to legally get rid of her stuff? And if she doesn't sign the letter, do we really have to evict her through the courts? It seems so silly since she doesn't even live there anymore. And what about the fish--can I call the ASPCA?
Any advice would be greatly appreciated. I can't seem to find the answers to these question in the Ohio Revised Code.

 

[mafioso]

You might want to try a free consultation with a local lawyer. Most would give you the big picture before you decide on hiring them or not. This is a complex situation. ………You might want to contact the home owner association for advice too.........or city council on local regulations........