Lease Clause

3 Replies

Has anyone put in their leases a clause that says basically if you are more than 30 days late on your rent, the owner (me) has a right to immediate eviction. If so has this helped with evictions and is it enforceable?

Usually clauses in leases that do not conform with landlord/tenant laws are not enforceable, so unless it is allowed there, which I doubt, then I wouldn't do it.  And in many states, evicting a tenant without going through proper procedures can get you in a lot of hot water.  

Originally posted by @Rob Fordham :

Has anyone put in their leases a clause that says basically if you are more than 30 days late on your rent, the owner (me) has a right to immediate eviction. If so has this helped with evictions and is it enforceable?

 You'd have to follow eviction laws for your state.  It's best to serve a 3 day notice to pay or quit (or however it's done in your state) as soon as the rent is late.  Then do it right through the system in your state.

If a clause in a contract is contrary to law, it's unenforceable.  So, the key is to find out what the eviction laws are to see what you're allowed to do - and to put in your lease.

Not sure if your properties are in Ohio or not, so can't look it up for you.

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