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Updated about 5 years ago, 11/18/2019

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14
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0
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Christy Porter
  • Chillicothe, OH
0
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14
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30 day notice to vacate

Christy Porter
  • Chillicothe, OH
Posted

we had a tenant move out. They called and said they were planning to move out but could not give a timeframe. They were informed during the call they must give a 30 day notice. 1 week later, we went to the apartments and found there apartment vacate, they left. ( our lease does not state they need to give 30 day notice, "new leases will have it" but Ohio Law B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date. 

Our question is, since our lease did not state, 30 day notice, but state laws says they need to give , can we enfore the 30 day notice with them. 

User Stats

55
Posts
47
Votes
Michael Gefvert
  • Attorney
  • Columbus, OH
47
Votes |
55
Posts
Michael Gefvert
  • Attorney
  • Columbus, OH
Replied

How much time was left on the lease term?

User Stats

14
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0
Votes
Christy Porter
  • Chillicothe, OH
0
Votes |
14
Posts
Christy Porter
  • Chillicothe, OH
Replied

they were month to month. Was told, 4 days before the new month started, they may move out, but never given an exact date.

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User Stats

27,503
Posts
40,454
Votes
Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
40,454
Votes |
27,503
Posts
Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Originally posted by @Christy Porter:

we had a tenant move out. They called and said they were planning to move out but could not give a timeframe. They were informed during the call they must give a 30 day notice. 1 week later, we went to the apartments and found there apartment vacate, they left. ( our lease does not state they need to give 30 day notice, "new leases will have it" but Ohio Law B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date. 

Our question is, since our lease did not state, 30 day notice, but state laws says they need to give , can we enfore the 30 day notice with them. 

Yes, you can consider this a broken lease without proper notice. Clean the unit, market it, and place a new tenant as soon as possible. Your tenant is responsible for rent, utilities, and other agreed-upon charges until a new tenant takes over or their lease term officially expires. Use the deposit to cover any unpaid expenses.

  • Nathan Gesner
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The DIY Landlord
4.7 stars
153 Reviews

User Stats

1,314
Posts
666
Votes
Bob Prisco
  • Specialist
  • Cleveland, OH
666
Votes |
1,314
Posts
Bob Prisco
  • Specialist
  • Cleveland, OH
Replied

@Christy Porter what am  missing,? THey are gone, so what you are you enforcing ? Move on  get it rent ready again, 

User Stats

14
Posts
0
Votes
Christy Porter
  • Chillicothe, OH
0
Votes |
14
Posts
Christy Porter
  • Chillicothe, OH
Replied

Bob prisco

what about security deposit. Can we keep it, for broken lease. (they have threatened to take to court).  

User Stats

1,314
Posts
666
Votes
Bob Prisco
  • Specialist
  • Cleveland, OH
666
Votes |
1,314
Posts
Bob Prisco
  • Specialist
  • Cleveland, OH
Replied

@Christy Porter  is the house perfect ? I am sure  there is excessive wear and tear. In 10 year doing 100s and 100s of props, I believe we gave back 1 SD .  Also they left without even telling you, screw them,,,, I would tell them  good luck in court you left without even telling us . 

User Stats

14
Posts
0
Votes
Christy Porter
  • Chillicothe, OH
0
Votes |
14
Posts
Christy Porter
  • Chillicothe, OH
Replied

There is alot of repairs before we can rent again. most of them are from normal wear and there is a smoke smell in the apartment we cannot prove they smoked in it, but someone did.

Thanks for all the input.