Abandoned Property in Ohio Explained
Abandoned property is a term that is not widely understood, even within the legal community. Because many people have heard of the term "abandonment" but may not understand the legal concept, I am going to explore it in detail in this section of the blog. The law applied in Ohio has two basic concepts of property abandonment: abandonment per se and abandonment by acts of the owner. The first concept states that when property is set down in a personal manner for a long period of time, it will be deemed abandoned as a matter of law. The second concept, which is the more common application, states that an owner has abandoned property when he or she expresses the intent to give up possession of the property or when he or she simply relinquishes possession of the property . While surveyors typically encounter the first concept of abandonment, which is established in the Ohio Revised Code, particularly in the field surveys of large tracts of unoccupied land, it is the second concept which surveyors are most likely to come across. These types of abandoned property include unrecorded old roadways, railroad rights of way, alleys, easements, and power line rights of way.
It is important for surveyors and other real estate professionals to understand this concept because it has a profound impact on property. Abandoned property is no longer enforceable because the original owner has reportedly forfeited their rights to the property. And while the original owner’s right no longer exists, the current owner still possesses the property. So, in essence, ownership of abandoned property is in limbo until it is claimed by another party.
Ohio Abandonment Defined by Law
Under Ohio Revised Code 1923.01 (A) the following definitions apply in this section to division (B) of this section and sections 323.28 to 323.31 of the Revised Code:
(K) "Abandoned property" means:
- (1) Any real estate that is in foreclosure and upon which no person has occupied a residential structure, manufactured home, mobile home, or house trailer for a period of six months immediately before the date of the filing of the foreclosure action;
- (2) Any real estate that is not in foreclosure that has at any time during the year immediately before the date of the filing of a foreclosure action against it had a tax or special assessment payment due and owing for a period of six months or more immediately before the filing of the foreclosure action and that had a water or sanitary sewer charge due and outstanding for a period of six months or more immediately before the date of the filing of such an action;
- (3) Any real estate that is not in foreclosure that had an existing water or sanitary sewer lien on the date of the filing of the foreclosure action as provided in section 715.261 or 6117.08 of the Revised Code and that is not in foreclosure and upon which there is any real property tax or special assessment for which the real property tax or special assessment was past due for a period of six months immediately before the date of filing of the foreclosure action;
- (4) Any real property that has not been legally occupied for a period of at least six months immediately before the date of the filing of the foreclosure action;
- (5) Any vacant parcel of real property that is not in foreclosure for which a tentative parcel map has been approved or a parcel map has been recorded for the purpose of selling or leasing adjacent real property;
- (6) Any vacant parcel of real property that has not been in a legally occupied condition for a period of six months or more immediately before the date of the filing of the foreclosure action and for which a tentative parcel map has been approved or a parcel map has been recorded for the purpose of selling or leasing adjacent real property;
- (7) Any real property that has not been legally occupied for a period of at least six months immediately before the date of filing of a foreclosure action in which the court has determined that there is a likelihood of a decline in value;
- (8) Any real property that has sustained damage to such a degree that the property is unfit for human habitation for a period of at least six months immediately before the date of the filing of a foreclosure action.
Obligations and Rights of the Owner
Owners in Ohio are required to take certain actions before they can have a property declared abandoned. They must have made reasonable efforts to determine the whereabouts of their tenant or occupant prior to filing an abandonment action with the local municipal court. A landlord must have tried either delivering a notice to the tenant personally or sending mail to the tenant at the property address by regular and certified mail at least 30 days before filing an abandonment action. The landlord is not required to make more than three efforts to locate the tenant or occupant. However, a court may consider whether some further efforts are necessary.
If the property is a residential property and the court finds there was no reasonable effort to locate the tenant, they must dismiss the case upon motion of the tenant. If the property is not a residential property, the court still has discretion to dismiss the case if it finds that there was no reasonable effort to locate the tenant. Once the tenant or occupant has been located, they may be entitled to a hearing before the abandonment order becomes final.
Tenant Rights to Abandoned Property
Even if a tenant leaves some of their own personal items behind in an eviction process, under this Ohio law, they have certain rights. For one, Ohio law is not concerned with how valuable the items left behind are; rather, there are time limits (Ohio Revised Code §5321.05(F)) for when certain items left behind can be considered abandoned. To sum it up, tenants in Ohio have:
• 30 days for all goods that are not guns, agricultural equipment, or mobile homes
• 60 days for agricultural equipment and guns
• 90 days for mobile homes
• 120 days for any real property If a tenant leaves items behind in Ohio, the landlord must take measures in order to legally dispose of those items (Ohio Revised Code §5321.05(F)). All items that are considered to be peacefully abandoned and meet the above time frames can be disposed of without strict measures being put into place. However, for items that were considered to have been abandoned through force or entry, stricter measures must be taken in order to legally dispose of said items, particularly if those items are considered to have exceeded a certain value.
Get Abandoned Property in Ohio
At common law (the body of unwritten laws based on court rulings), a property owner acquired title over time to all objects coming to rest on their property. Whatever an intruder dropped on their land was owned by the landowner. The law in Ohio is similar, but more formalities are put in place to prevent surprises.
In Ohio, abandoned property not stolen or lost may be claimed if the entire process is followed- and it does not involve using the property as your own after finding it:
- Take an inventory of the property and place a notice of find on it. The notice must state that if the property is not claimed within a period of 30 days, then it may be sold by the finder .
- Store the property in a safe place for a period of six months.
- After six months, if the property is valued above $3,000, then it should be offered on a public auction before it can be claimed.
- If the goods are not over $3,000.00, then they may be offered at a private sale.
- If no one comes forward, then your title is perfected after the specific time period is satisfied.
If the property is valued over $3,000.00, keep it for a period of 18 months subject to the above conditions of advertising and public sale. If no one comes forward, then your title is perfected after the specific time period is satisfied.
Common Disputes and How to Resolve Them
Disputes concerning abandonment of property often occur between landlords and tenants. Unless otherwise agreed to by the parties, a tenant is responsible for clearing any personal belongings remaining on the property at the end of the tenancy. However, many states have enacted laws to protect tenants from disputes regarding abandonment of property that may result in damage to personal belongings. Ohio law provides that a landlord shall not remove a tenant’s property from a residential unit unless (1) a judgment in a forcible entry and detention action is obtained, or (2) the tenant has abandoned the residential premises. A landlord may dispose of any property remaining after the tenant vacates the leased premises. Abandonment is "the relinquishment of a known right with the intention of never again asserting it." In Ohio, a tenant is presumed to have abandoned the leased premises if the tenant, without the consent of the landlord, is absent from the leased premises for thirty consecutive days or fails to pay rent as required by the lease. Before a judgment in a forcible entry and detention action can be rendered, the landlord must notify the tenant that the landlord intends to start the forcible entry and detention action due to nonpayment of rent or other lease violation, and the tenant must be given fourteen days to cure the deficiency. In addition, Ohio’s Uniform Commercial Code provides a complete procedure with which a creditor must comply in disposing of collateral, including items of personal property used as collateral for a loan or lease. The procedure includes the taking possession of the collateral, notification to the debtor and/or other affected parties, preparation for a public or private sale, and the sale of the collateral. A debtor is entitled to any excess from a public or private sale, after expenses are paid. Parties facing disputes over abandoned property must follow these legal procedures to avoid further costs or claims against them.
Where to Find Legal Assistance and Resources
Ohioans struggling with issues related to abandoned property have access to a number of resources to help them navigate the process. From state government agencies to community organizations, there are several avenues of assistance available. The Ohio Attorney General’s Office website provides a comprehensive overview of Ohio’s abandoned property laws. In addition to offering an explanation of the ABR law, the site offers links to ABR forms, instructions on how to submit those forms and information about how the process of addressing abandoned property begins and ends. For residents facing title issues following the abandonment of property, the Ohio Bureau of Motor Vehicles offers assistance with the titling process. This department provides amnesty for criminal charges if the individual is compliant in the process and fully pays any outstanding registration fees. In many situations, this amnesty can help individuals regain their property without facing criminal or civil charges. If you are dealing with an issue concerning abandoned property in Ohio, it’s important that you seek out good legal counsel to help you navigate the issue. An experienced attorney can help you determine the best path forward.
Conclusion of Ohio Abandoned Property Laws
In summary, Ohio’s abandoned property laws aim to protect the interests of both landlords and tenants. Ohio law provides that a tenant who vacates rented premises or whose lease has terminated is required to provide a written notice to the landlord with respect to an address for the return of any abandoned property. Otherwise , the law outlines a 90-day time frame during which the landlord must store the property for the tenant, and allows for a public sale of tenants’ abandoned property.
This article is not legal advice and is not a substitute for obtaining legal advice from an experienced attorney. We recommend contacting an attorney regarding specific issues brought about by your specific situation.