Investor · Delaware, OH · Member since 2016 · 23 posts · 5 votes
Hi BP Land,
I have an inherited, month to month tenant that I am filing eviction on for non payment of rent. Would it cause problems if I also sent a notice of lease non renewal? In Ohio you have to give at least 30 days notice of lease non renewals, I am thinking it would make sense to get that clock ticking now in case something went wrong with the eviction for non payment of rent. Should I do this or do you think it would confuse the process and cause problems (legally with the eviction)?
Investor · Santa Cruz, CA · Member since 2016 · 71 posts · 39 votes
9y
it's always better to give more notices.
I used to buy properties at trustee sale, they were always occupied by someone (I would not know who)- usually by the previous owners.
Then the "Homeowners Bill of Rights" came and gave tenants (not owner occupants) a 60 day protection, in case the house was sold at such an auction.
So the deadbeats wised up and claimed to be tenants (when in reality they were the previous owners), with a bogus rental contract below market.
So, I would give them a 3-day notice, 30 day notice and 60 day notice.
3 day in case they were the ex-owners. 60 days in case they were tenants.
The tenants think they challenge and quash one of the notices (the 3 day notice, because they are innocent tenants), but the 30 and 60 days are still ticking. That has caused quite some surprised faces!
Investor · Santa Cruz, CA · Member since 2016 · 71 posts · 39 votes
9y
it's always better to give more notices.
I used to buy properties at trustee sale, they were always occupied by someone (I would not know who)- usually by the previous owners.
Then the "Homeowners Bill of Rights" came and gave tenants (not owner occupants) a 60 day protection, in case the house was sold at such an auction.
So the deadbeats wised up and claimed to be tenants (when in reality they were the previous owners), with a bogus rental contract below market.
So, I would give them a 3-day notice, 30 day notice and 60 day notice.
3 day in case they were the ex-owners. 60 days in case they were tenants.
The tenants think they challenge and quash one of the notices (the 3 day notice, because they are innocent tenants), but the 30 and 60 days are still ticking. That has caused quite some surprised faces!
Retired Landlord/Author · Commerce Township, MI · Member since 2012 · 1k+ posts · 1k+ votes
9y
If you want the tenant to pay and stay, do the eviction.
If you don't want them, give them a termination of tenancy but don't do both.
Plus a non-renewal of a lease would mean you must give them a 30-day notice or 60 day notice, whatever your state laws says, and it must be within the rental month.
And if they are on an annual lease then you must wait 30 days or 60 days whatever your state laws says, to give them a notice of non-renewal for their annual lease non-renewal.
If you send both, why would the tenant go to court for an eviction and pay you when you're booting them out anyway? I wouldn't pay. So you can kiss any money they may have paid you on an eviction good-bye.
Don't compromise your eviction. Do the eviction. If things don't work out, then do a 30 day, but don't cut off your nose to spite your face.
Investor · Delaware, OH · Member since 2016 · 23 posts · 5 votes
9y
Thanks everyone for the great replies...
@Nancy Neville - Thanks for the reply, I had already considered this, and you are correct. However, in this particular case, these tenants have had a lot of recent drama. I was notified by the other tenants that the main income earner recently moved out. The remaining tenant has no means to make the rent so I am pretty sure that I am going to get stiffed on the rent no matter what happens. I talked with this person, and have become even more convinced after I called them. So, I want to hedge my bets on getting them evicted quickly to minimize my losses if things don't go as planned. But you are right, in an instance where you think the tenant MIGHT pay, you would want to do the eviction first, and then wait as long as possible before giving the non renewal notice.