Notice to Vacate - Versus Eviction Notice : ezLandlordForms

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William P

started a topic over 13 years ago

I need help as I am new to being a landlord. I have a tenant with whom I sent a notice to vacate the property by the end of this month due to numerous lease violations the biggest of which was inconsistent and late rent payments. After a phone conversation to make tenant aware to vacate, I sent a certified letter outlining the reasons why, drawing reference to several portions of the lease. The tenant is refusing to leave until they are able to find a new place which could take much longer than the 30 days I have given him to vacate. On top of this, I have yet to receive full payment of rent for this month (making it now 16 days late) and therefore wondering if I am within my rights to now serve an eviction notice for non-rent payment. Will the eviction trump the notice to vacate letter?

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Erica S

said over 13 years ago

A Notice to Vacate is a warning. The eviction notice must be a notice that is in compliance with state regulations for eviction. Whether you are a landlord or a tenant, if an eviction action is filed, it must first start out with the posting of a "Three Day Notice to Vacate" upon the door of the rented premises, with the proper wording. But one thing to watch out for is that three days does not mean three calendar days. The day of posting does not count towards the three days in the Notice. Further, any day upon which the Court is not open, such as Saturdays, Sundays, and Holidays, don't count either. If you miscount the "notice period" and file your eviction before the "permissible" three days have fully passed, then this will serve as a basis for the tenant to get the case dismissed.

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Kristen L

said over 13 years ago

Hello, I have an additional question on this related matter sorta. I am the Landlord manager for my parents home. I have been in touch with the tennants several times via phone and text and certified mail about lease violations, Like pets, making and destroying property without permission and not returning calls to set up inspections and care of a pond on the premisses as well as my name not being added to the rental insurances etc... on and on... I have send several text and they have responded to some of them. But, the agreement for their lease is up in 36 days. They agreed to remove pets and did but now have added more now like chickens that were not approved. The tore up some concrete and removed a tree and some fencing that was not approved and they were suppose to install a french drain in the home that was written in the contract within 3 months of starting the lease agreement, which I sent them a notice telling them they were in violation of back in Nov. 10', The rent was reduced for this improvment to the home prior to contract but agreed upon with the tennents. They have started it but not finished and now have more violations plus some old ones as well, and I am wondering what I should do. Do I send a notice to vacate or start Eviction Notices etc.?? Help I am new at this too and don't want to screw up here. I have tried to work with the tennants and my parents are ill and out of state, and I am certain either of the things I do they will leave the mess and possibly more damage and I'm pretty sure they are not getting there deposit back or pet deposit back either, but that they will not pay the last month due in rent and say deduct it from security. What are my grounds to do what and when and any advise is appreciated greatly. Thanks Please answer asap. State of OH.