Q: How much vacate notice must I give a month-month tenant who paid first and last month to move in?
I am a live-in landlord in Ohio. I rent rooms in my home month-month. My tenant paid first and last month's rent to move in but broke the term of his lease on day one. At that time, I gave him 60 days written notice to move out. He hasn't paid me since then. I didn’t want him to because I wanted to be able to evict him after 60 days.
After giving him written notice, I verbally told him he could stay if he stopped breaking his lease but that I would stick to the 60 days if he didn't. He broke the lease again. I have a text of me saying he could stay after he, once again, promised to stick to his lease. Then I texted him saying I was moving forward with eviction because he broke his lease again on the very day his 60 days were up.
The 3rd month just started. Since he paid first and last month's and I texted him saying he could stay, do I have to give him an additional 30 days before I give him three days notice?
A: If a tenant has breached a term of the lease, then a 3 day notice can be given now, and if tenant doesn't leave, landlord can file an eviction. At the eviction hearing, the judge would determine if there was a valid basis. If a monthly tenancy is merely being terminated for convenience by landlord, the month to month tenant must get at least 30 days written notice that the lease is terminating at the end of the rental period. If rent is monthly, and is paid for May, a notice given today on May 2, would be effective June 30, since May 31 is only 29 days. if not out on June 30, then a 3 day notice would be given on July 1. Use the Find a Lawyer tab to retain a local real estate attorney to assist the eviction process is done properly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.