Apartment and Rental Properties - creative eviction suggestions?

does anyone have any creative and legal solutions to get a tenant out quickly. i have one who has announced they are leaving at the end of the month. the notice was a message on my phone, nothing in writing and less than 30 days notice. when i asked about march rent, they said that they would be living off of their deposit, fyi they have been there 1.5 years and are now on a month to month arrangement. I gave them a eviction notice with a date of 3/13. they just sort of laughed at that and repeated their earlier message of "we'll be out by the first". i know i can now file at the court house. but that will cost me ~$130 and it's a 3 week process min. Suggestions? fyi - Hamilton county, OH
Thanks.

well, it seems you have started an occupation without the neccessary training. I would strongly suggest you learn the Ohio landlord/tenant statutes if you wich to continue to be a ll.

You cannot make them move out. PERIOD.

Only a court can do that. Anything other than that is illegal on your part and could cost you money or time or continued time of them in the house.

First, from what little research I have done is, depending upon when you gave them the notice, the 13'th may not be the correct date but unless you attempt to take action too soon, that should be a moot point.

At this juncture, you are pretty much sticking with the way it is going or head to court to evict. I am surprised it would take as long as you state but I am not familiar with your courts so I will not argue the point.

So, what I would so at this point is;

research the laws. it may be possible to charge them for the time required to make it up to the 30 days. Some states go by a fll month, some by the actual count of 30 days (which cold in effect make the last month a partial month). I have not researched this that far.

Some states do not allow you to utilize the deposit towards rent. As such, they may be causing themselves to be liable for March;s rent and subject to forfeiture of the deposit as well. Again, you need to research this.

Make sure you do follow up their vacating the premises with a proper inspection (should be with them) and any damages you are claiming should have a dollar value attached so they know what they are going to be sued for.

Bottom line; if you are not willing to utilize the courts, there is nothing you can do to remove them prior to them willingly leaving, even if the remain after the date of notice.

btw; from your screen name, I am guessing you are not the named owner of the premises. If that is true and what I have read is correct, you could not file anything against the tenants anyway. I believe unless you are the named owner of a building, you must utilize a lawyer to undertake the neccessary legal actions. Not sure though.


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I am not an attorney and this is not intended as "legal" advice. it is merely my interpretation of the info I discovered on the internet.

I think that if they did leave and have not done any major damage you would be getting off easy.
Tenants have the law on their side and it could be MUCH worse.
Just document every thing in case you do have to sue them and don't verbally say it is ok to stay.

If you get busy you may be able to rent out their suite the day they move out.

nap & GregN - thanks for all of the advice. Ohio requires 3 business days as the rerquired notice period (step one) for evictions. I gave them the notice on 3/6 so I think I'm more than safe with the 13th.
I want to get inside their unit to scope out potential damage. That will help me decide if I want to go to the expense of filing at the courthouse. Plus that may give me an opportunity to talk with them in person .. helping to confirm their intent to move.
I beleive I have the right to enter provided I give them 24 hours written notice and I'm resonable about it. I can chalk it up to "owners inspection".

Thoughts?

nap - i am the owner. don't be fooled by screen names.

nap & GregN - thanks for all of the advice. Ohio requires 3 business days as the rerquired notice period (step one) for evictions. I gave them the notice on 3/6 so I think I'm more than safe with the 13th.
I want to get inside their unit to scope out potential damage. That will help me decide if I want to go to the expense of filing at the courthouse. Plus that may give me an opportunity to talk with them in person .. helping to confirm their intent to move.
I beleive I have the right to enter provided I give them 24 hours written notice and I'm resonable about it. I can chalk it up to "owners inspection".

Thoughts?

nap - i am the owner. don't be fooled by screen names.

wasn't fooled,merely offering the info based upon the possibility of the situation based upon the screen name.

You really need to learn ll/tenant law.

5321.04 Obligations of landlord.

(A) A landlord who is a party to a rental agreement shall do all of the following:

(8) Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of his intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.


5321.05 Obligations of tenant.


(B) The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver parcels that are too large for the tenant's mail facilities, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

24 hours notice and in you go.

ut that will cost me ~$130 and it's a 3 week process min.


offer them the 130 if they leave early

just ran across this site, and was reading through this discussion....so what ended up happening?

Saw my landlord today. He's had a problem with a renter not paying rent. He told me that they go to court on the 14th to get eviction. I believe the maintenance guy got in with notice to supposedly change the furnace filter.

In Ohio: "A landlord or owner wishing to evict a tenant for breach of the rental agreement must notify the tenant to leave the premises three days or more before beginning court action. The landlord must hand a written copy of the notice to the tenant in person, or leave the notice at the tenant's residence. In most other cases, except those dealing with drugs, the landlord must give the tenant 30 days notice of termination, prior to giving the 3 day notice."

"Every notice given by a landlord to recover properties or premises from a tenant shall contain language printed or written in an obvious manner as follows... YOU ARE BEING ASKED TO LEAVE THE PREMISES. IF YOU DO NOT LEAVE, AN EVICTION ACTION MAY BE INITIATED AGAINST YOU. IF YOU ARE IN DOUBT REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS AS A TENANT, IT IS RECOMMENDED THAT YOU SEEK LEGAL ASSISTANCE. The summons in a court action will be mailed or served on the tenant. It explains the time and place of trial, and must be given to the tenant five days before the day of the court hearing."

"The landlord may not move a tenant's furniture from the apartment, lock a tenant out or threaten any move. The landlord can only evict after a court hearing and with a lawful court order, or the landlord risks liability to the tenant for all damages and reasonable attorney fees. Even after a legal eviction, the landlord has no right to keep the tenant's property."

"At the end of a lease and within 30 days after a tenant moves out of the apartment, the landlord or agent must return the security deposit. If less than all of the money is returned, the landlord must give the tenant a written statement of how the money not returned was spent.
The security deposit may be used to pay for any damages the tenant makes to the apartment and any past due rent owed to the landlord. It may not be used to pay for "reasonable wear and tear" (normal wear the happens from day-to-day use of the apartment).

If the landlord does not return a tenant's security deposit within 30 days, the tenant can sue him for twice the amount wrongfully withheld plus attorney fees, provided the tenant gives the landlord a forwarding address in writing, or an address to which the amount due can be sent.

If the landlord requires a security deposit in excess of fifty dollars or one month's rent (whichever is greater) and the tenant resides on the premises more than six months, the landlord must pay interest on the excess amount to the tenant at the rate of 5% per year." http://www.tenant.net/Other_Areas/Ohio/tenant_l.html

what if you do not have a contract . My dad's contract on his tenant ran out in April 08. they just have a verble agreement now but he is always late and sometimes in the past not payed all of the rent at all. What should he do?:)
thanks

actually they do have a contract although it would be a verbal contract.

Nothing can be determined without the germane state. As well, what the lease that has expired may shed some light as well. Many leases state something to the effect of "after the expiration of this lease, tenancy will convert to a month to month tenancy. All rules and figures of this lease will remain in force until changed.

No idea if yours does since it is not available to read here.

As well, what your father wants to do about it plays heavily as well.