I bought a building in the downtown area I live in the upper section. The downstairs was rented to a business when I bought the building but the business has since been sold and the new owner wanted to stay. We do not have a lease and are just going on a month to month basis. (Couldn't get her to sign a lease.) She consistently pays the rent late and I am forced to call her at least once a month to ask for the rent. One month she told me she wasn't going to pay because she didn't have it. I told her I was making arrangements to evict her she changed her tune and said she would get caught up. She did but every month since then she pays so late that it is almost time for the next payment. I need this money to make the mortgage every month and so frustrated because twice I have had to take money out of my savings just to pay the mortgage on time. I am getting worried because she is late again this month. What are my rights here? Can I evict her? How much notice do I have to give her?
2007-07-23 11:05:01 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I live in Ohio
2007-07-23 12:25:01 · update #1
I don't have a lease agreement with her
2007-07-23 12:25:50 · update #2
This is a state-specific question. For non-payment of rent you can evict her IN MY STATE on 7 days notice. In any state, with no written lease, you can evict her with 30 days notice BEFORE the next rental period on a month-to-month lease. For example, if her rent is due August 1st, you could not evict her today until September 1st--except, as I mentioned before--you could evict her in my state on 7 days notice for non-payment. If you want to play it safe, give her notice now to be out by Sept. 1st. In many law questions, it's essential to know what state you are in. EDIT: I checked Ohio case law on my legal search engine. I found a recent case from Montgomery County, Ohio from your Court of Appeals. In Ohio, you only have to give 3 days notice on a commercial lease for non-payment of rent. If I were you, I'd run it by a local attorney, though. When I went on-line, it looks like there are forms from your statutes. but I couldn't access them for free.
2007-07-23 11:21:54 · answer #1 · answered by David M 7 · 0⤊ 0⤋
2
2016-07-19 17:14:46 · answer #2 · answered by ? 3 · 0⤊ 0⤋
The terms of your lease will specify when the rent is due, and whether it can be paid late. An attorney will not be able to give you specific legal advice without reviewing that document.
But generally, if a tenant does not pay the rent by the due date, you can initiate eviction proceedings.
The laws vary by state as to how much notice you need to give.
2007-07-23 11:16:51 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
This is not actually legal advice I am giving, and is purely hypothetical, but: A month-to-month lease can usually be ended at any time, with proper notice. What notice is due depends on your state, but it is usually 30 or 60 days.
2007-07-23 11:14:03 · answer #4 · answered by Tim M 3 · 0⤊ 0⤋
A tenant who doesn't pay rent is worse than no tenant at all. As you have a month to month lease you can give her whatever notice is specified by your state's laws to terminate the lease at the end of the month. Then if she doesn't move, evict her. Of, if she is lat on the rent evict her for non-payment.
2007-07-23 11:50:29 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Get her to sign a lease or just evict her. 60 days would be nice but the law depends on what state it is.
2007-07-23 11:14:47 · answer #6 · answered by Anonymous · 1⤊ 0⤋