All Forum Posts by: Amanda Palmer

Hi there. This is regarding a unit inside a 4-plex in Pleasant Ridge/Cincinnati. We inherited a tenant on the first floor who has her own washer and dryer (there is a coin-op in the basement). The issues are a) we did not know she had the washer and dryer until we had to do some unrelated plumbing repairs and b) the dryer does not have a vent hose with proper ventilation, and c) she's using a regular 20-amp outlet (not grounded) for the dryer in one of the bedrooms. The vent is currently covered by a hosiery sock. I've learned this is a common practice in buildings that cannot allow for today's vent-hose setup. I am concerned that this could be a safety hazard as far as the dryer is concerned and a mold/moisture problem for the washer. The washer hooked up to the kitchen sink when it runs and then they push it back to the wall when it's not in use. We did ask our insurance company about it, and they told us it could void the coverage if it started a fire. That would be enough for most property owners right there! But I am trying to be flexible since she claims to have been using it for two years before we bought the place in December 2016.

How would you approach this? Is this a common thing? I could have her sign an addendum to the lease or ask her to stop using them. Any other ideas or insights from experience are appreciated.

I have a similar situation with a 4-plex where all tenants are currently month-to-month. Initially, the plan was to have them sign a short-term lease through winter, THEN raise rents and have them all re-sign to a 12-month lease. After posting here and discussing it more, I have no idea if these tenants will work out under the new ownership. As one response stated, "leases are a false sense of security," because they can still be broken and cause more harm than good. Tonight, actually, I have all of them signing lease agreements continuing the month-to-month status. This way it will be easier to boot them, and I've already sent them a notice in writing that rent will increase on June 1, 2017, so they have plenty of time to find a new place if they need to.

We're an LLC, and if we were to evict them based on a lease (fixed-term) violation, we'd have to get an attorney involved from the get-go. To avoid the hassle and fees, and the upsetting the tenant/causing embarrassment or financial distress, it's WAY easier to throw a 30-day notice at them. "We will not be renewing your lease at the end of the month, and the current lease agreement will then be terminated." You are allowed to write it up yourself, post it in a conspicuous place or send it as certified mail -- make sure your new lease includes the details on how you post notices.

They can't refuse to leave. If they do, then you have to go through the legal process of eviction. Make sure you have them all sign your new lease agreement first! It will make everything in court much easier. Good luck to you.

Wow, @Joe Splitrock, that is a great perspective! I could offer her a lease agreement that allows her to continue the month-to-month arrangement. I definitely need a new application from her, though, to have all of her updated contact information, etc... I'm going by Wednesday evening to have all the other tenants sign their leases.

I never really thought of the lease as a "false sense of security," but I can also attest to the truth of that statement having a tenant leave 5 month shy of the 12-month agreement. Fun! 

I think I'll leave a note on her door this evening with a property inspection notice for Wednesday while I'm there. I certainly want to avoid a lawyer, and the entire eviction process. No thanks. 

I appreciate your response!

@Ralph R. very good insight! These folks have been living month-to-month for a couple years under a different lease. With so many terms changing (including who to write the check to), we want to introduce this lease as soon as possible. I think most of them will stay for exactly the reason you mentioned. All except for the one I can't reach! Her rates haven't changed since 2009 and need to increase at least $75. Fingers crossed for a response from her and smooth rent increases like all of your tenants!

@Ralph R. love your optimism! We are offering short-term leases through spring, maintaining the rents as is. At that point, we will raise all the rents to market value. By signing the lease, we give ourselves a chance to hit a hotter market if the tenant doesn't want to re-sign, and the tenant also has months to prepare to move/find another place since they know for sure what's coming. The fact that she lives there or not is just a curious thing. To @Jerry Miller's point, I'd love to walk through and inspect to make sure if she is "abandoning" it, it's all set up to be safely uninhabited. 

@Jerry Miller great idea! The lady on the phone from Clerk of Courts suggested the same thing: go downtown to the courts at 9am, sit and watch how it goes down, then introduce myself to any lawyers who I thought handled it well and get their contact. I like the the annual inspection, too; we always do smoke/carbon monoxide detector tests in the units twice a year so we could expand on that. Great info!

Also, no idea if the tenant is even there. She has a spillover of stored items in the basement, one has a box that reads "second home." Inside the unit, it looks like a closet. There was no food in the fridge or pantry. Hmmm...

@Coleman Nelson Thanks for the detailed response! Yes, I understand it the same way you wrote it out. 

To clarify, I post the 30-day notice first. If I don't hear anything and I don't receive rent, do I post the 3-day notice (following the grace period) on Jan. 6? Or do I wait until Feb. 1 to post the 3-day notice? At this point, I understand I would be working with an attorney. Just preparing.

She's been month-to-month since 2006! I guess it's a wait-and-see game now.

To answer my own question, the Clerk of Courts folks said I can write up my own 30-day notice. I would need to issue that on 12/31/2016. No response, I issue a 3-day notice "hold and overturn" and involve the attorney at that point. The form I would use is located on the Clerk of Courts site as "Notice to Leave Property." I really hope this gal surprises me with a response soon!

@Paul Sian it's under an LLC. Do I issue a 3-day notice at the end of the month myself? And with no response, have an attorney file the eviction?

That's a good idea to ask another tenant to keep an ear out. 

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.