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Updated about 8 years ago on . Most recent reply

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Jason Campbell
  • Canton, OH
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Ohio 3 Day Notice to Vacate? Can I just give them a 30 day?

Jason Campbell
  • Canton, OH
Posted

I have a tenant that has no lease agreement (never had one), and I want to evict them. Do I need a reason? And do I have to serve a "3 Day Notice to Vacate" first? Or can I give them just a 30 day notice?

Thanks for your expertise.

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Wade Sikkink
  • Real Estate Investor
  • Lincoln, NE
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Wade Sikkink
  • Real Estate Investor
  • Lincoln, NE
Replied

Check with a lawyer to make sure you keep everything legal for your state.

Here in NE, if they don't have a written lease, then they are month to month.  You can terminate a tenants month to month tenancy at any time, without a reason.  Just like the tenant can leave at any time, you can ask them to leave at any time.  That's a 30 day notice, given before the 1st day of the rental period.  A 3 day pay our quit is only used in the instance of them not paying the rent.

Also, don't use the term "evict"  An eviction is done for some breach of the lease terms.  You are simply not renewing their month to month tenancy.  We did this to a tenant one time.  They got mad and asked why we were evicting them.  We simply stated that we are not evicting them, but rather are not renewing their month to month tenancy.  Took the wind out of their sails.

Good luck.

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