I just served an inherited tenant with a 33 day notice of non renewal. I stated it was my intent to perform repairs on the property and felt the unit would not be habitable during such time. As the tenant escalated the situation, I offered her an extension on the move out date for 48 days total. She stated that she was going to take me to court because Im violating her rights and Im not right and all that jazz. I then offered her a cash for keys, no hastle move out with a refund of her final month's Rent. She still wants to take me to court, so im looking for a lawyer on the off chance her lawyer doesnt say "its in black and white, he has given you way more than the required notice, and hes offering to pay you to get out, take it."
TL DR may need a lawyer to defend from a tenant suing in response to a nonrenewal of lease.
Just google his number sorry I don’t have it handy
@Cory Dessauer , don't include any reasons to 30-day notice. If the resident doesn't have fixed lease and has month-to-month only, simple 30-day notice about ending the tenancy is sufficient without any explanation. In fact, they can use any reasoning you used there against you in a court (when you will file eviction for possible holding over the place).
I can send you the form we use if you want.
Inherited residents are often hard to deal with, we finished 4 evictions last 4 months. You shouldn't list any reasons, make verbal explanations only if you want. We didn't offer cash, offered 45 days too, full security deposit back (we do full remodeling anyway) and U-haul truck with a driver once (in the hardest case).
Still didn't work, residents got advice from some random fake attorney, threatened us with FBI once :) and we had to file the eviction for holding over (after additional 3day notice btw).
It took 1 minute for the judge each time to explain to them what month-to-month means.
They were trying to make arguments about rehab (they almost intentionally did cause leakages to lower floor units), retaliation, living too long on a property etc, but all of that isn't valid in a court as long as you posted a correct notice. At least in Ohio as a landlord-friendly state.
Tried to approach them nicely and with good concession (instead of paying legal fees), still didn't work for us :-/
Feel free to send me PM if you have any questions. Not legal advice, but we did the same 4 times last 4 months, including one move-out last week.
@Ben Bauer has great references as real estate attorney in Cincinnati.
If you wouldnt mind, I would love that form
Thanks for the advice. The official notice cited repairs, which I should not have included. I have since told her I'll be moving into the unit, via email. But she had refused a year to year lease, citing that month to month would allow her to move as she pleased, and me to end her lease as I pleased. After several threats and insults from her, she recieved a 3 day notice Sunday. Her 45 days was up Saturday. She has alerted me that she would be staying until july 28th, 2 days before the end of her 45 day period. While I'm aware shell be out before the eviction is completed, I had a contractor scheduled for the 16th. I'll be pursuing her for all financial losses. I should mention that she has not tried to pay rent since, so a hold over eviction can easily be filed.