[laniegirl82]

I own my home. It is set up as a duplex. I had a "friend" move in the upstairs part of my home, in August, 2008. THe agreement was that she would pay me $250 per month, for rent, and half of the utilities. Right after she moved in, she lost her job. I was flexible with her, letting her know that once she was gainful employed again, she needed to pay me all the back rent, plus her current rent.

Well, she is currently employed and is still not paying me rent with any regularity, or half of the utilities. When I asked her to set up a payment plan, she flipped out. She literally cursed me out. And stated she was moving out that weekend. Well, obviously she did not move out. I wrote her a letter letting her know that her behavior was unacceptable, and that I wanted her out by April 5th (which was over 20 days notice), and asking her to let me know within 3 days if that was not sufficient time for her to find another place to live. I never heard anything back from her, and she ignores me utilities I see her.

Now as April 5th approaches, I have a feeling she has no plans to vacate the premises. I'm not sure what I should do, if she doesn't move out on her own free will. There was never a written lease, I own the home, she is over 4 months late on rent. What recourse can I take? Do I have to go through a formal eviction? And if so, how do I do that. Does it cost money? I really do not want to spend money to get her out. She has already cost me so much money!

[ScottGem]

Do you have a written lease?

Unfortunately you have handled this poorly and now it will take longer for to get her out.

The first thing you need to determine is what the state requires as far as notice of termination of the lease. If there was no lease with a specific expiration date, then she is a periodic (month to month) tenant. Generally this means that notice has to be one full rental period. However some states do all a specific number of days and a shorter period. So you need to find out what the statutes require. IF (and its probably unlikely) the 20 days was sufficient notice, then you have started the eviction process. If 20 days was not sufficient notice, then you have to start the process from scratch.

The process varies from statet to state but generally goes like this:

Step1 ) Serve tenant with a letter giving them either a 3-10 day pay or quit option or a 30-60 day termination of lease notice. With the Pay or quit you may be able to get her out sooner, but she has the option to pay in full and stay.
Step 2) If the tenant does not leave by the time specified in Step 1 (assuming she doesn't pay), then you go to housing court and file for an eviction order. There ius usually a small fee for this filing
Step 3) The local housing court orders a hearing at which the tenant can offer reasons she shouldn't be evicted. Doesn't sound like she has any.
Step 4) The court issues the eviction order giving the tenant a deadline to vacate.
Step 5) If the tenant still hasn't vacated, the landlord hires a sheriff to oversee physically removing the tenant.

I would be at housing court Monday morning to find out the exact steps for your area.

This site may be helpful:
http://www.ohioevict.com/howtostarteviction.html

It specifies that the pay or quit notice requires 3 days, but not 3 calendar days so you need to be careful. A termination of the lease requires 30 days, so your 20 day notice was insufficient.

[laniegirl82]

No, I don't have a written lease.

I don't have to give her 30 days notice, I have to give her 3 day notice that I plan to evict her for nonpayment. And I do not have to give her the option of choosing to pay in full. Thus my over 20 days was more than sufficient.

I was just wondering if there was anyway around the formal eviction process. Since there was no written lease, she is months behind on rent, and is more of a border, than a tenant. My house is set up like a duplex, but its not really a separate unit. We do not have separate locks, or entrances, etc. We share one house. She just has the top floor.

Thanks for you opinion.

[ScottGem]

I don't have to give her 30 days notice, I have to give her 3 day notice that I plan to evict her for nonpayment. And I do not have to give her the option of choosing to pay in full. Thus my over 20 days was more than sufficient.

Yes its correct that you can give her a 3 day notice for non payment. But you have to be very careful how that was worded. If it was not specified that the notice (whether you gave 3 or 20 days) was specifically for non payment, then it was invalid. There are also some specific requirements for service. You really have to read the Ohio law very carefully on this as its skewed for the tenant. If you don't follow the law carefully, you could wind with bigger problems.

If the notice did not specify for non payment then you are required to give a 30 day notice covering one rental period See 5321.17 Termination of periodic tenancies.).

I was just wondering if there was anyway around the formal eviction process. Since there was no written lease, she is months behind on rent, and is more of a border, than a tenant. My house is set up like a duplex, but its not really a seperate unit. We do not have seperate locks, or entrances, etc. We share one house. She just has the top floor.

No, especially not in Ohio. She is a resident and you have to go through the formal eviction process.

[laniegirl82]

Thanks scott. I fear I was not very clear to begin with. I don't plan to do anything on the actual day of April 5th except follow up with her about why she still has not moved out (unless, she does indeed move out on her own free will, which I doubt). If she does not, then I plan to give her the official 3 day notice in writing the next day. I know I will still need to do that as it has to have specific language about the eviction process being initiated and her rights, that I did not put in the original letter. Section 5321.17 of the Ohio Revised Code, is talking about terminating a lease agreement for any reason or no reason at all. IE, I just want you out because its my right to get you out. BUT, if the tenant is late on rent, has a unauthorized pet, has caused damage to the unit, or has breached 'the lease' in anyway only a 3 day notice is required (ORC section 1923).

I am actually graduate student right now, and I know that I can go speak to law students at my school about any issues free of charge. So I was planning to do that next week to have them help me draft an appropriate letter and spell out what I need to do before I give her anything else in writing.

I notice that the law is definitely skewed in favor of the tenant. Oh well, it is learning experience for me.

Again, thanks for your help.

[ScottGem]

The problem with the three day notice and the laws I read are not clear on this, but generally, if the tenant repairs the breach within the 3 days, then you can't file for an eviction order, or if you do it will be denied. That's why Section 5321.17 exists. To give the landlord an uncontestable way to terminate occupancy.

But if you are sure she won't pay up (and that means all the arrears plus late charges) then go for it. That's definitely the faster way.

[laniegirl82]

Yes, the law seems to contradict itself. Which is partially what lead me to this cite in the first place. It's all very confusing.

I am sure she won't pay up. It would require her to come up with over $1600 in 3 days, she is in so much debt right now, which is part of the reason I think she isn't moving. I don't think she necessarily wants to stay, but I don't think she can afford to move.

I really am a compassionate person, but enough is enough. She has to go, its starting to take a toll on me, having to live with her. Hopefully the 3 day notice will work. I think she will be dreadfully scared of the word eviction, scared enough to leave on her own. She does not want one more thing potentially going on her credit report.

[ScottGem]

Most people will challenge their landlords to buy as much time as they can. That's why being a landlord can be such a challenge. You have to plan for a vacancy rate of about 80%. Meaning that your rental units will not be earning rentals 80% of the time.