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Updated 8 months ago,

User Stats

25
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25
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Joshua Morgan
  • Loveland, OH
25
Votes |
25
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Ohio: Enforcing lease terms (smoking, guests) - can I post 3 day Notice to Quit?

Joshua Morgan
  • Loveland, OH
Posted

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

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