Q: Tenant signed a check meant for me over to her, and cashed it. can i evict her for this? The rental is my old residence
A:
Yes. If she stole money from you by signing over your check to herself, that is theft, which would arguably fall under Ohio Revised Code 5321.05(A), destruction of landlord’s property. You could either give 30 days notice to her to return the funds under R.C. 5321.11 and then file for eviction, or you may be eligible to serve a 3-day notice and then file for eviction under R.C. 1923.04 for illegal activity (theft) on the premises. Safest bet would be to make the paper trail of attempting to get the money back first.
It is also a violation of R.C. 2913.02 and you could press charges or pursue a civil conversion action. Best to speak with an attorney in your county/municipality regarding procedures and the local rules where your property is located.
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