Evicting : ezLandlordForms

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Carol M

started a topic over 14 years ago

Lease has dad as tenant and daughter, 19 yrs old as occupant. Daughter has friend staying. Dad trying to get money to cover rent from girls, but not getting enough to cover. Girls trashing apt, fighting, police called. Dad trying to get friend to leave. Now police say dad can't go back to apt, because he has taken money for rent from girls, he is sub-leasing and has to evict the girls. Anyone know if this is true? or can only landlord evict?

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Rachelle F

said over 14 years ago

For starters, the moment you knew the friend was there it should have been addressed. It gets really hard and completed when alot of time goes by..they end up having rights! The landlord needs to evict or give a 30 day notice to vacate immediatly. Trashing the place-no rent or late rent and the 19 yr old is not legally the tenant yet has posession.......A landlord does not have to have "a reason" to serve a 30 day notice. It's simply his choice to do so. I would, however, watch the place and maybe the girls-they might really mess it up before going. Maybe check into a 3-pay or quit. The sherriff will serve it and if all rent is not paid in 3 days-they have< I believe 5 days to pack and the sherriff will escort them out.....at lease in Ca...

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Andrea B

said over 14 years ago

I would also like to know the answer to this question, but my problem is I have NEVER been paid for one month yet!

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Lynn S

said over 14 years ago

I wish I could tell you definitively, as I worked as a traveling agent (throughout the U.S.) who went to rental communities that were having problems with tenants. I'm not sure if the same rental laws apply to private landlords in your state, but the general pattern was either - issue a 3 day pay or quit notice in the first month of late rent; if the rent is not paid in 3 days after notice given, a 30 day notice to vacate may be given. In many states, however, if rent is late an eviction can be filed in the county courthouse of the 10th of the month. Unfortunately I do not remember OH law, as it has been a while since being assigned there - so you may have to look for further info.

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Donna

said over 13 years ago

Unless the rental agreement establishes a definite term, the tenancy is from week to week in the case of a tenant who pays weekly rent and in all other cases the tenancy is from month to month. A five day notice is used for non-payment of rent. If there is NO grace period, you can go forward with the notice the day AFTER rent is due. If you have a grace period, you must wait until that time has passed. If the tenant offers you the FULL rental amount, you MUST ACCEPT. You can refuse partial payment from the tenant. If you should decide to accept partial payment, you can refile a new notice for the balance of money due. There is NO other notice that follows this 5-Day Pay or Quit. When serving this 5-Day Pay or Quit Notice, you DO NOT count the day of service. Count 5 business days.

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Matthew M

said over 5 years ago

You can always google "tenant abandonment" for your state as a guide.

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Paula D

said over 5 years ago

May I end a lease for any reason with a 2 month notice?