airwg2189 Posted July 23, 2014 Report Share Posted July 23, 2014 (edited) Quick question -- A renter in my property has been 1-3 months late on rent (as in, just paid May's rent a week ago, rent is due on the 1st). Our lease is signed from August 1st, 2013 to August 1st 2014. As she's late on rent, I've told her that I'm not going to continue past the lease end date and the house needs to be empty by August 2nd. She's stated that "The standard notice is 30 days"; however, I contest (have not replied to her yet) that I'm not evicting her, this is simply when the lease ends, and I'm not delivering any such notice. Who's right, what are my options? I've got a feeling I'm going to have to file an official eviction with the courthouse and show up with a Sheriff, but I'd like to get some insight beforehand. Other potentially relevant information: We have a clause in the lease that states an eviction will occur at 60 days past due, which my renter was as of July 1st, but I did not act upon. She has since paid May's rent, but will be 60 days past due again on August 1st, the same day our lease ends. Part of the eviction clause also states that she forfeits the security deposit. I also have furnished relatively expensive appliances, and I'm trying to not suffer damages or stolen property, but it is what it is I suppose. She's also stated that she'll have back rent this upcoming Friday, but it's been excuse after excuse since May, so I'm not expecting it at all. I'm fairly new to renting (3 years, previous tenants had no issues other than having to repaint a couple walls, no biggie), so lay it on me. What's the best course of action here? I'm already out a ton of money from her not paying, so I'd like to resolve it fairly cheap if possible. Am I SOL for 30 days? Thanks in advance. EDIT: Before anyone says it, I'm aware that I SHOULD NOT have put the 60 days clause in the lease. Edited July 23, 2014 by airwg2189 Quote Link to comment Share on other sites More sharing options...
BBQdDude Posted July 23, 2014 Report Share Posted July 23, 2014 Pics or lady renting lol, joking. She has an end of lease date. She needs to be moved out by then plain and simple. There should be no notice needed on your part. Quote Link to comment Share on other sites More sharing options...
Supplicium Posted July 23, 2014 Report Share Posted July 23, 2014 http://www.landlordguidance.com/eviction-notice-forms/ohio-eviction/ http://www.ohiolegalservices.org/public/legal_problem/housing/landlord-tenant-issues/eviction/qandact_view http://www.wikihow.com/Evict-a-Residential-Tenant-in-Ohio http://www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-ohio.html Quote Link to comment Share on other sites More sharing options...
airwg2189 Posted July 23, 2014 Author Report Share Posted July 23, 2014 Thanks, good info in the links. I should further clarify, I guess what I'm really trying to ask is, is there any immediate actions I could take to get her out by the 2nd in accordance with the lease? I'm cool with going through the eviction process, but everything I'm reading leads me to believe (correct me if I'm wrong) that I'll be almost to September before any legal assistance is granted by the courts (3 days notice, then filing the complaint, then waiting for court date?). PS, you wouldn't WANT to see pictures. Ew. Quote Link to comment Share on other sites More sharing options...
Turbs3000 Posted July 23, 2014 Report Share Posted July 23, 2014 While I have no personal experience, when I as at OSU and renting a house if you were supposed to be out at Noon on the 1st. At 12:10 they were there throwing everything left in the house away. Quote Link to comment Share on other sites More sharing options...
LJ Posted July 23, 2014 Report Share Posted July 23, 2014 What does the lease say about renewing and about what happens at the end of the lease term? Quote Link to comment Share on other sites More sharing options...
1fast5gp Posted July 23, 2014 Report Share Posted July 23, 2014 What does the lease say about renewing and about what happens at the end of the lease term? Yeap, if it doesn't say that the lease automatically renews. Then they are considered Tenants at Sufferance under the Ohio Law. Which means they are on the property without your consent or Tresspassing. You can go to court the day after the lease is up to set up an eviction hearing. No 30 day notice is needed, but you still need to go to court before you can throw them out. It is sad, but those shitfucks are still some what protected. Quote Link to comment Share on other sites More sharing options...
Tractor Posted July 23, 2014 Report Share Posted July 23, 2014 I think you'll find you have to go through the process unless they simply leave. Quote Link to comment Share on other sites More sharing options...
Zx2guy19 Posted July 23, 2014 Report Share Posted July 23, 2014 Just evicted a tenant yesterday, it's not too bad. But they're right, follow the lease. If it says nothing, go through eviction process. I will say, standard should be 30 days. Think about a notice to an apartment complex, it certainly isn't an 8 day notice. Good luck man. Quote Link to comment Share on other sites More sharing options...
LJ Posted July 23, 2014 Report Share Posted July 23, 2014 Yeap, if it doesn't say that the lease automatically renews. Then they are considered Tenants at Sufferance under the Ohio Law. Which means they are on the property without your consent or Tresspassing. You can go to court the day after the lease is up to set up an eviction hearing. No 30 day notice is needed, but you still need to go to court before you can throw them out. It is sad, but those shitfucks are still some what protected. A lot of generic leases that go around in Ohio have an explicit conversion to month-to-month at the end of the longer lease term. this is because in Ohio, the acceptance of a rent check is the acceptance of renewing the WHOLE lease on a holdover. This means if you have a 1 year lease with Jim-Bob that ends on Sept 1 and Jim-Bob says "Hey I need another month to get a new place, I'll pay you like normal". If you accept that check with nothing else in writing, you have just renewed the whole 1 year lease by Ohio law. To prevent this many many many leases in Ohio automatically convert to month to month. Quote Link to comment Share on other sites More sharing options...
El Karacho1647545492 Posted July 23, 2014 Report Share Posted July 23, 2014 Set fire to the property, blame it on deadbeat tenant, collect insurance, move on. Quote Link to comment Share on other sites More sharing options...
mrs.cos Posted July 23, 2014 Report Share Posted July 23, 2014 (edited) Until the courts say so- she gets to stay. I believe the whole process will take 90days past date of 30days past your written eviction request) Ridiculous, right? (Source: grandma was landlord to many properties my entire life) Edited July 23, 2014 by damreds Quote Link to comment Share on other sites More sharing options...
BigOxley Posted July 23, 2014 Report Share Posted July 23, 2014 Until the courts day so- she gets to stay. This is my thought too. Go through with the eviction. Quote Link to comment Share on other sites More sharing options...
Zx2guy19 Posted July 23, 2014 Report Share Posted July 23, 2014 Until the courts say so- she gets to stay. I believe the whole process will take 90days past date of 30days past your written eviction request) Ridiculous, right? (Source: grandma was landlord to many properties my entire life) Doesn't take that long anymore...I posted 3 day notice on July 2nd, filed for eviction on July 8th and had a hearing on July 22nd (yesterday). She has 5 days (next Tuesday). So, less than a month start to finish! Woot! Quote Link to comment Share on other sites More sharing options...
LJ Posted July 23, 2014 Report Share Posted July 23, 2014 Until the courts say so- she gets to stay. I believe the whole process will take 90days past date of 30days past your written eviction request) Ridiculous, right? (Source: grandma was landlord to many properties my entire life) Ive never seen one take 90-120 days. I've been around rentals my whole life and can remember evictions from almost 20 years ago (damn lack of child labor laws if it is a family business.....) Quote Link to comment Share on other sites More sharing options...
bdhill Posted July 23, 2014 Report Share Posted July 23, 2014 Best method I have ever seen was to cut the cable line going in the house...they are likely behind on that bill too...they left that day...another landlord I know took the front off for repairs...that worked too...not legal but... Quote Link to comment Share on other sites More sharing options...
airwg2189 Posted July 23, 2014 Author Report Share Posted July 23, 2014 Set fire to the property, blame it on deadbeat tenant, collect insurance, move on. Probably the best idea in this thread. Doesn't take that long anymore...I posted 3 day notice on July 2nd, filed for eviction on July 8th and had a hearing on July 22nd (yesterday). She has 5 days (next Tuesday). So, less than a month start to finish! Woot! Now THAT isn't too bad of a turnaround, thanks for posting some real experience. Follow-up for you directly, (feel free to PM me if you'd like) did you have to do the 3 day notice through the court, or only the eviction complaint? Best method I have ever seen was to cut the cable line going in the house...they are likely behind on that bill too...they left that day...another landlord I know took the front off for repairs...that worked too...not legal but... Yeah, I've gotten a copy of a shutoff notice before. I have no idea what this woman is doing with her money -- unless I received completely bogus paystubs when we signed, she makes $60k+, I charge $1100 for rent, doesn't seem too steep to me. @LJ, I have zero verbage about post-lease stayover. Thanks EVERYONE for the replies and insight. Quote Link to comment Share on other sites More sharing options...
El Karacho1647545492 Posted July 23, 2014 Report Share Posted July 23, 2014 Yeah, I've gotten a copy of a shutoff notice before. I have no idea what this woman is doing with her money -- unless I received completely bogus paystubs when we signed, she makes $60k+, I charge $1100 for rent, doesn't seem too steep to me. You'd be amazed what credit millionaires can do. Quote Link to comment Share on other sites More sharing options...
Zx2guy19 Posted July 24, 2014 Report Share Posted July 24, 2014 Now THAT isn't too bad of a turnaround, thanks for posting some real experience. Follow-up for you directly, (feel free to PM me if you'd like) did you have to do the 3 day notice through the court, or only the eviction complaint? I have my property manager do it, but I believe he just has to post it. One thing we learned is to put the tenants name "AND ALL OTHERS". I have heard stories about that person not even living there, and whoever does live there has tenant rights as well. So, after the eviction, you have to do it all over again because there are some other idiots living there. "....eviction for Joe Schmoe and all others". I'll ask my PM how he did it. Quote Link to comment Share on other sites More sharing options...
bdhill Posted July 24, 2014 Report Share Posted July 24, 2014 Sadly, you are correct..squatters have rights...it is ridiculous. Quote Link to comment Share on other sites More sharing options...
LJ Posted July 24, 2014 Report Share Posted July 24, 2014 I have my property manager do it, but I believe he just has to post it. One thing we learned is to put the tenants name "AND ALL OTHERS". I have heard stories about that person not even living there, and whoever does live there has tenant rights as well. So, after the eviction, you have to do it all over again because there are some other idiots living there. "....eviction for Joe Schmoe and all others". I'll ask my PM how he did it. It's a 3 day notice to cure or quit. It's legally required, but you post it without going through the courts. You just keep a record of it and it is submitted with your eviction filing. Quote Link to comment Share on other sites More sharing options...
Zx2guy19 Posted July 24, 2014 Report Share Posted July 24, 2014 It's a 3 day notice to cure or quit. It's legally required, but you post it without going through the courts. You just keep a record of it and it is submitted with your eviction filing. Literally just coming back to post that, he already responded. I should have known this too as I did an eviction without him before (granted it was last November). But as LJ said, you can use the standard 3 day notice form and keep record that you posted it. Then, when you file the eviction through the courts you provide a copy of the 3 day notice and a copy of the lease. Quote Link to comment Share on other sites More sharing options...
airwg2189 Posted July 24, 2014 Author Report Share Posted July 24, 2014 Excellent, good info all. Thanks again. Quote Link to comment Share on other sites More sharing options...
bdhill Posted July 24, 2014 Report Share Posted July 24, 2014 If you post your own...take time and date stamped photos of the notice on the house, a close up of the notice on the door...a pic with the house address, and a pic of the house with notice on it...that should suffice in court if the tenant disputes receiving it. Quote Link to comment Share on other sites More sharing options...
Zx2guy19 Posted July 24, 2014 Report Share Posted July 24, 2014 If you post your own...take time and date stamped photos of the notice on the house, a close up of the notice on the door...a pic with the house address, and a pic of the house with notice on it...that should suffice in court if the tenant disputes receiving it. The odds of a judge believing a tenant that it was posted is slim to none. Nor can you really bring evidence unless it was pre-submitted to the courts prior to the trial. If you posted it, you posted it. 99999/100000 times the judge will believe the tenant. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.