Lease ending March 31st. How to get tenants out?

Question

I have inherited tenants that have a lease ending at the end of this month. I want to get them out so I can update the unit. I have given them no indication that I will be renewing their lease and they know we have been working on the other unit (duplex). How do you typically handle telling them that they need to move out at end of lease? There is a language barrier so a simple conversation is very difficult. Lease does not have any end of lease language. Any tips would be appreciated!

This property is in Ohio.

Thomas S. · Answer

It is too late now. Depending on your state landlord tenant regulations you were likely required to give a minimum 30 days notice to non renew otherwise the lease automatically extends on M2M.

Check your state codes and confirm the notice period required. If it is 30 days you can give notice anytime up to the end of March to terminate the lease for the end of April. The 30, 60, 90 day notices required are in reference to rental periods, as in 1 month , 2 months, 3 months not actual days. Legally it is to the end of a rental period.

You need to take the time to educate yourself on your state landlord tenant laws. You are responsible for knowing them. All of them.

Michael Gefvert · Answer

***This is not legal advice, it is general information to orient you to Ohio landlord-tenant law.  If you would like legal advice applicable to your unique circumstances, you'll need to contact an attorney.***

Most leases have a provision that extends the term of the lease on a month-to-month basis after the original term expires.  Month-to-month leases require one month's notice to terminate.

If a lease does not extend to a month-to-month tenancy, a tenant who holds possession after the lease's expiration is a hold-over tenant.

Ohio law treats these situations differently.

Andrew S. · Answer

Even if the lease somehow “automatically” terminates, chances are that your tenants are unaware of it (you say there is a language barrier - how likely do you think is it that they have read and understood their lease?).  While it may be inconvenient for you to actually talk to them about this, how is it fair to just wait it out and then throw them to the curb with no notice at all?

It’s your call to do with your property as you see fit (I.e. not renew), but please don’t mess with people’s lives, just because you are trying to avoid delivering the bad news.

Marcia Maynard · Answer

Even though you may be able to do a no-cause termination with a 30-day notice, you can give them more time. We prefer to give at least 60-90 days notice to terminate. Packing up a family and finding another suitable place to live on short notice is difficult to do. Try to have an open and honest conversation with the tenant. Maybe they can find another place to move to sooner, maybe not. Consider giving  them a incentives to give up their home earlier. Negotiate a win-win.

Find resources to bridge the language/cultural barrier. Don't underestimate your ability to communicate effectively and the tenant's ability as well. If you deliver something in written English, the tenant will need to find a resource to translate/interpret it into their preferred language. In our jurisdiction we're not required to translate our documents into any other language than English. But for good measure, verify that your tenants understand your communications, both verbal and written.

Marc Winter · Answer

Ok, so a mistake was made.  It's not the end of the world, but it will (maybe) cost you some time and money.

Post a notice of termination of lease asap.  Whatever your state laws are for notice, obey them.  Have the notice translated (Google translator should do the trick) and give the tenant BOTH of the notices.  Or post to the door--whatever your state laws say is an acceptable form of service.

If you post the notice, take that day's newspaper with you and take a photo of the notice on the door and the front page of the newspaper.  Keep the front page in your tenant's file.

For insurance of vacancy, I'd also post a notice to quit, to start the clock ticking, in the event the tenant doesn't move when they should, you will be able to go and file for eviction.  No more lost time.

Ida Powers · Answer

Thank you @Marc Winter! That's the advice I was looking for! I did make a mistake but it's my first property so I'm learning all the ins and outs. I was never going to kick then tenants out to the curb unexpectedly, that's why I came here for advice!

Ida Powers · Answer

@Thomas S. @Jason DiClemente

I've been reading through the Ohio tenant laws and it says 30 days notice on a month to month basis which is what confuses me. This lease ends on a certain date and does not have any language about moving this into a month to month after. Here is what in seeing under Ohio tenant law "For fixed term leases, such as a lease for 12 months, the rental agreement is assumed to terminate at the end of the term stated in the lease. The landlord and tenant may include a provision that automatically renews the lease at the end of the rental term unless otherwise stated."

John Underwood · Answer

@Ida Powers I agree with everyone else you have to give them written notice, usually 30 days. This should also be spelled out in your lease.

You should be requiring your tenants to give you 30 days written notice, you should give them the same.

Jason D. · Answer

@Ida Powers I havent owned a rental in Ohio for a few years but, at that time, it was 30 days written notice. I dont know if its changed but you'll likely have to wait until April 30th to have them vacate the property.

Lease ending March 31st. How to get tenants out?

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