Landlord Question and Answer Forum

I am renting to an ex relative. 2 yrs. ago he helped HIS relative out by allowing them to "temporarily" store things in my 24x30ft. pole barn, which is on the rented property I own. No one asked my permission. I didn't make them move the things out, first the guy's mom died, then he was ill & hospitalized, etc. one thing after another. The "things" being stored take up an area 10ft. wide & 30ft. long, and 6-12 ft. high. Hello, can you spell HOARDER?!! Now my husband & I need that space this summer. My question is; what is legal or illegal for me to get these things out of my building? Under Ohio law? I want to be nice, and I will be, however i DO need to get these items removed. I DON'T want him to go there & pick thru anything, leaving the junk (it's all stuff from auctions, so some may have a little value)I want/need it ALL gone. I'd like to send a notice stating he has 30 days, and to call me, make arrangements to remove everything, and I will meet him there. If he can't remove the items (what I suspect) can I have him sign something stating he gives me permission to dispose of the items as I see fit. he's not on any lease, has never lived there,nor been a tenant, etc. Do I treat it like a tenant who vacated & left belongings?? thanks guys for any help! C.H.

Q - Is there a lease agreement and if so does the lease/addendum “clearly states” that the storage unit is not part of the lease agreement and not to be used?

Posted by Bob R, CA on Thursday, April 26, 2012

thanks for your response. the tenant's lease states that HE has use of the building, but these are items that belong to someone else, not the tenant. that's where my dilemma comes in. I don't know how to approach a person who has all that stuff in my building, yet isn't my tenant. Gosh, in writing this it seems as though he has NO recourse, but I want to be sure he can't sue me if I dispose of of his stuff. I know he's infirm, and won't be able to remove the items. it will most likely fall on me.

Posted by Cynthia H, OH on Thursday, April 26, 2012

Here’s my opinion - If tenant has no restrictions (can't use it) on the storage unit, I don’t believe you can tell tenant what can be stored in there (unless it posses some sort of danger, such as fire, health hazzard, etc), even it isn’t his items. You may not like what he has done or has in there, but that’s life. He may have more rights to do away with the items stored than you do. You may need a legal opinion on this. See if he would agree to have the lease amended (unless it expires soon) and exclude the storage unit. Now you could notify the other party that the contents must be removed by a specific date. If they do not contact you or refuse to move contents, you may declare it junk (check state/local laws for value amount) and have it hauled away. I would send the owner of the items a certified letter/return receipt. Letter should state date to be removed and if it isn’t you will consider it abandoned. You might also consider including a letter for him to sign/date stating he‘s giving you permission to do with the items as you see fit. I think you get the drift. Let me know what you decided to do and the results. If you have any more questions, fire away and keep your chin up. :-)

Posted by Bob R, CA on Thursday, April 26, 2012

Thanks, Bob! I've spoken to the tenant, and will speak to the relative who owns the "stuff" & let him know I'll be needing the space. Also, it's probably good timing, as the lease needs to be renewed. I'm trying to get all my little properties lined up to have their leases begin/end June 1st. So, hopefully this summer I can get that junk out of there & utilize the space! (maybe even rent it out, for more income!) I'm grateful for your assistance ion this matter, and will "proceed with optimism and caution" haha! Cynthia

Posted by Cynthia H, OH on Monday, April 30, 2012