Non-renewal vs Eviction

[Amanda Thompson]

We have tenants who haven't paid rent this month (it's now the 10th). We just took over property management duties of all our own properties at the very beginning of the month, which was a surprise to everyone when the other PM dumped it on us.

They are on month to month lease. So, if they do pay rent now, we still do not want to renew the lease.

Do I have to give 30 days notice not to renew? So in essence, they can stay there until October 1st because it's less than 30 days to Sept 1? I think if they continue to not pay rent then it won't matter because eviction proceedings will take priority, right?

[Dave Poeppelmeier]

It depends on your state laws and the Eviction Moratorium in your jurisdiction. If you can do evictions due to non-payment of rent, here in Ohio it's a 3-day Notice to Vacate, then you can file the Eviction. Once you file, you can decline payment, because if you accept anything, your Eviction process has to start over. Then you go to court, the judge can grant you possession (or not, depending on the situation), and you can get your Writ and schedule a set out with the sheriff. That's our process in a nutshell, there's a lot more that goes into it unfortunately. 

I would reach out to a Real Estate Attorney to help you navigate this the first few times, especially with the moratorium still in effect. But, it can be done. Best of luck to you!