Tennant wont sign a lease

9 Replies

I have an inherited tenant who refuses to sign a lease starts altercations with his neighbors and when we try to raise his rent flat looked at us and said no I'm not going to pay that. He says there's some maintenance issues in the property that needed rest and if we try to evict him he will take us to court he has only brought a bad screen door to our attention. We've had this property for 10 months do you think he has a leg to stand on? Or should I just start the eviction process and Let It Come What May.

If he doesn't have a signed lease the old lease should carry over month to month.  Simply send him a letter stating that you intend not to renew this month to month lease anymore and give him his move out date.  If that day passes and he is still there immediately file for eviction.  Tenants are not in control of the process, they either conform or they find somewhere else to go.

Originally posted by @Nate Zachrich :

I have an inherited tenant who refuses to sign a lease starts altercations with his neighbors and when we try to raise his rent flat looked at us and said no I'm not going to pay that. He says there's some maintenance issues in the property that needed rest and if we try to evict him he will take us to court he has only brought a bad screen door to our attention. We've had this property for 10 months do you think he has a leg to stand on? Or should I just start the eviction process and Let It Come What May.

 Don't let the tenant walk all over you man. If he is on month to month in Ohio you need to give him a formal 30 day notice of term changes. Increase his rent to the amount you want & tell him to sign the lease. If he doesn't do that do not accept his lower rental amount for the rental period that the new rent kicks in & evict his dumbass.

Uncooperative tenant I would tolerate.  Eviction would be eminent.

Updated about 2 years ago

Uncooperative tenant I won't tolerate. Eviction would be eminent.

Your property is in Ohio? It shouldn't be hard to evict him. Don't talk to him anymore. Get an eviction lawyer to deal with him. Anything you say to the tenant can be used against you in the court of law. 

@Nate Zachrich threatening to take you to court is one thing. Actually doing it is another thing.

Why don’t you do a scheduled maintenance and run through he property real quick and repair what needs to be repaired if there is anything serious. Not for him but for the sake of your property. Then remind him how easy it is to make maintenance request.

That way if he ever takes you to court you will have COvered your *** CYA

Nate:

Do not ever let a tenant walk on you like that; this is total BS..

As many have already told you I too would give him a "Notice of Termination of Tenancy". I doubt you will have to provide a reason given he is on a month to month tenancy but you should get it cleared with an Ohio attorney so as to not have the judge kick your unlawful detainer for improper notice. All unlawful detainers - no matter the state- are highly procedurally driven so even the smallest thing can get it kicked and you really don't want that to happen.

After the notice then if he is still around, then you hire a local attorney to do a UD. He can ***** and complain to the judge but given he is a month to month tenant, usually the judge will ask him why did he not move if things were not "fixed"? this guy is s blow hard and does not hae a leg to stand on.

As for trying to do a walk through at this point, I would NOT advise it. Your actions could be viewed as "harrassment" and while it will bother you to NOT know what is going on, such an "inspection" could only further antagonize him as well.

Unfortunately you are in a difficult position but know that this will pass and you will be ahead in the long run once he is gone. Better to rid yourself of the headache now than to keep him around. 

I hopes this helps some...

Good luck!

Steve

@Nate Zachrich

Advise him ... in writing...

you would like a list of all repairs and that you will be clearing the apartment for repairs for 30 days.

That he’s welcome to apply as an applicant... just like everybody else ... but consistent with your local and state laws, all applicants will participant in the application and screening process...

and all tenants will be required to sign a state compliant lease...

I suggest that you assure and show at all times you are in compliance with city, county and state laws.

It’s your path to higher profitability and success.

I can't believe you let someone stay there for 10 months without signing a lease. It's your property and your business; start acting like it.

This has already gone on long enough. There's no reason to get him to sign a lease because this is not the kind of tenant you want to keep. Give him a 30-day notice to vacate. If he rants and raves and threatens to take you to court, just ignore him. Don't talk to him in person; only communicate in writing. Keep it short and professional with no emotion or unfounded charges. You don't even have to give him a reason why you are removing him. Just tell him he has 30 days to vacate and leave it at that.

He will probably refuse to move. Contact an attorney right away and have him ready to help you with an eviction. If the tenant is still there on day 31, instruct your attorney to evict as quickly as legally possible. Again, do not communicate with the tenant, except through the attorney, and do not accept his rent, complaints, questions, etc. Let the attorney work his magic, get this guy out, and then move on with your life. It may get worse before it gets better but you'll be much happier once this guy is gone.