Lease is up, No response from tenant

[Amanda Palmer]

Hi all,

First, I am seeking legal guidance on this, but I want to pick your experienced brains for the decision-making process.

I purchased a 4-plex in Cincinnati, all units occupied by month-to-month tenants. All of them have agreed to fill out new applications and re-sign leases under the new management, except one. I have called all numbers associated with her file that was passed to us, left notice on the door, sent certified mail, no response. In the state of Ohio, what is the next step? Technically, her lease ends 12/31/16, and if she does not sign a new lease with us, she's out, right? Please give your guidance on the following:

*How and when you would serve the eviction notice

*Do you pull a generic notice off the internet or pay a legal pro to draft it

*Other ways to contact, have I truly tried everything?

*Other options

Is it obvious I've never had to evict someone? Thank you, all, for your help! This is not something I ever want to do, especially around the holidays.

[Joe Splitrock]

@Amanda Palmer it sounds like your goal is to get her to sign a lease for what she is currently paying or you are willing to evict her. If she pays rent on time, this doesn't seem logical.

I understand you are new to landlording, so I will tell you in my experience that some tenants like to be month-to-month and as others mentioned, it protects you more. She could be scared of your application and lease terms. Some people avoid situations that make them uncomfortable. If she has been paying rent for ten years, she is likely to stay for ten more unless you drive her away.

I had a tenant live in my property 10 years on a month-to-month lease (plus 5 years with previous owner). I have also had tenants move out in 6 months, despite having a year lease. The lease is probably a comfort thing for you, but it is giving you a false sense of security. A ten year tenant is much more likely to stay long term over a new tenant who signs a lease.

If it was me, I would leave a letter on the door that states you are giving 24 hours notice for a property safety inspection, tomorrow at 7PM. Ask her to be at the property tomorrow at 7PM, so you can discuss lease options with her, including month-to-month options. Tell her if she is not home, that you will enter the property for the safety inspection. Tell her on the letter if 7PM does not work, she can call to reschedule or write in a better time on the form and leave it at the door.

It is best for you if you can talk to her, rather than bringing a lawyer in. They will charge you a ton of money. Very likely she wants to stay, but is concerned about new ownership and signing a long term lease. That is very common, especially when the old landlord was hands off and the new one comes in making changes.