Ohio: Enforcing lease terms (smoking, guests) - can I post 3 day Notice to Quit?

Question

Hi Everyone,

I'm in Warren Co., OH. We have a long-term tenant who has recently started having a guest live with them. Our lease prohibits overnight guests [7+ consecutive days] and [more than 30 days within a 90 day period]. Our lease also prohibits smoking anywhere on the premises.

Smoking

The guest smokes. I am confident they are smoking in the apartment unit (quadplex), but do not have "evidence" of this. The guest typically goes to the curb ("public area") during the day to smoke, but I do now have photos/videos of them smoking definitively on the property (on the premises near the front door - not the "public" area near the street).

Overnight Guest

I am keeping a log of which days the guest stays over. Due to my own travels, I have not achieved a written log of 7+ consecutive days, but am getting close to documenting 30 days within 90 day period.

Lease Term

The tenant's lease term ends July 31 (end of next month). So, at the latest, I can have them out at the end of July. However, the smell of smoke is starting to disturb my other great tenants, so I would like to accelerate their leaving as much as possible. That being said, I'd rather delay for a "sure-fire" method (lease non-renewal), rather than do something reckless in a way they could defeat or push back in court, if it came to that.

How to Proceed

1) Can I go straight to a 3 day notice to quit based on documented smoking violation alone? Do I have to give a chance to cure/remedy the situation?

2) Can I go straight to a 3 day notice to quit based on documented smoking violation along with documented overnight guest violation? Do I have to give a chance to cure/remedy the situation?

If not, what should I do now to justify a 3 day notice if they continue to violate? I'm thinking I should send a written warning of the smoking and guest violation and, if they continue to violate, I can send another warning or move straight to 3 day notice at that point. In Ohio, how many warnings should I issue before a 3 day notice will be successful? (These nuances don't seem to be clear based on the Ohio landlord-tenant laws, hoping to hear from some experienced landlords in Ohio on this based on what's typically successful).

Thanks!

Joshua

Drew Sygit · Answer

@Joshua Morgan we've found that tenants really don't are about the terms of their lease beyond rent payments.

So, if they allow someone to move in, you can either:

1) Pursue eviction

2) Have extra charges built into your standard lease4 template.
- Ours states that if we find an additional occupant, we can immediately increase the rent by 10% and make it retroactive to when they moved in. We can also charge another 10% increase until the occupant supplies their ID and income proof and signs a lease addendum.

The smoking issue is a different story. Would just remind them that they will be fined if another tenant complains and they will be held responsible for any costs to treat smoke damage when they move out.

Scott Mac · Answer

You want to have turn expense and vacancy for a guest smoking near the front door and staying more than 7 days.

If it were mine, instead of peeking out the window shades and making notes about it when the smoking is happening near the front door I would simply go outside and say Mr. X we don't allow smoking next to the front door sir -- I'll need to have you move out to the curb when you smoke -- thank you (with a smile). And then text the renter that I had reminded his guest or her guest not  to smoke near the curb.

I would also text the renter and say as a reminder we do not allow guests more than X amount of days and it looks like you might have someone staying with you more than that- what is up with that?

And then either look to add the guests as a renter/ co renter if it looks like they're in a relationship or something. Or if it's a situation where they're housing a relative or a friend who is homeless for a couple of months I would monitor the situation and collect the rent. But if it is a couple of months situation I would need to know who it is and have them background checked. If he did not meet the background check to be a renter that person cannot stay there.

That is how I would handle it. Because I want to collect the rent. Turns are expensive.

Your way will work too, if you wanna bounce them out of there for whatever reason.  If it's really giving you that much concern.

I'm just saying how I would most likely handle the situation.

Good Luck!

Tim Baldwin · Answer

Look to your state laws and get legal advice regarding whether the violations are non-curable or curable and the number of days required for the proper notice. In Florida, unauthorized occupants/guests is a curable violation and requires at least 7 days written notice to cure. If they don't cure, the landlord can file eviction. If they do cure, but then violate the same prohibition again within 12 months, the landlord can terminate without having to give additional cure opportunity.

The way you described this, the smoking situation is also likely a curable violation and would require opportunity to cure pursuant to your state laws.

In the meantime, give a notice of non-renewal according to your state laws and lease agreement.

Again, I recommend you speak to a landlord lawyer to get advise based on your state laws.

Best wishes.

Ohio: Enforcing lease terms (smoking, guests) - can I post 3 day Notice to Quit?

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