I was notified yesterday (1/11/13)that the tenant in my duplex died of a drug overdose the day before. He was the only person on the lease. I went to the property today and met with one of his friends who had been staying at the duplex. He asked if he could stay until the end of the month since the rent was paid for the month. I do not want him to stay because of the concern regarding drug usage. In addition, the place smelled of cigarette smoke which was strictly prohibited and was specified in the lease. I had previously gone through a lot of expense to eliminate smoke odor cause by a previous tenant and therefore I am probably looking at additional expenses again. I don't mean to be heartless, however, I would like to have the tenant's friend move out as soon as possible. How many days notice do I need to give him and what should I put in writing to avoid trouble from him and to protect myself legally? --184.57.xxx.xxx

In Ohio when landlords are notified of drug activity at a rental it is the obligation of the landlord to evict. First of all I would contact the occupant and tell them that you are talking to the police about the drug use and you have given them permission to enter the premise. This may spook them enough to move out. However with a death I'm guessing there is a police report. I would try to obtain that and then I would immediately post a 3 notice (per your court required form) stating drug use as the violation. I would then call the clerk of courts and ask about an emergency eviction procedures for drug use. I'm sure there is an expedited course of action they can guide you through. Make sure you put et al on the 3 day pay or quit and the eviction paperwork. You are not being heartless. You are following the law and protecting your liability and protecting your property. --74.83.x.xxx

take an app from this guy, screen thoroughly, and maybe keep him. --50.129.xxx.xxx

Did you know he was living there? If not, seems you might be able to get rid of him because he is trespassing, I would think. --68.8.xxx.xxx

Can you just tell him "no" - really hard to say, I know. Tell him "no, I am sorry, you cannot stay. Please have your things out by the 15th. Pursuant to the law, there are steps that I must take after an OD in order to get my property ready for re-renting." Be nice, but no, you can't let strangers stay in your property. That's absurd. Everyone wants to take advantage of a sad situation, and this fellow is no exception. --76.30.xxx.xxx

You must tell him/her no, you should have a seal from the coroners office on this place, that stays for about 30 days till next of kin is proven, they are the ones to claim his -effects- and are prolly responsible for the overall cleaning and restoration costs, stay in touch with the police. --75.94.xxx.xxx

Thanks so much for the great advice, everyone. Also failed to mention that I did meet with the tenant's mother who went to the property to pick up his belongings. She asked me about the deposit and gave me her address so I could mail it to her. I did not say anything about having to use the deposit money to get the place ready to re-rent since I did not feel it was appropriate to discuss that with her at that time, especially because she was crying. I was thinking about sending her a letter explaining the nonrefundable deposit. Would that be okay? The tenant did not have any dependents and was not married so I'm assuming his mother will be in charge of his affairs. --184.57.xxx.xxx

You need to provide a proper accounting of the deposit not just a letter saying it is "nonrefundable". You have 30 days after termination of the lease per Ohio law to provide this to the tenant or the tenants estate. Your first job is to get the apartment vacated and the second is to get it ready for a new tenant. All costs with making this happen with the exception of normal wear and tear can be taken out of the security deposit but it needs to be documented. If you are approaching the 30 days you should approximate these costs with estimates or backup information and send the accounting information plus any refund to the "estate of the tenant". --74.83.x.xxx

--50.129.xxx.xxx