All Forum Posts by: S. Perry

Check your state. There is something called a "Landlord or Owner move-in eviction".

In Ohio (for example) an owner CAN terminate a lease based on specific criteria. I DO NOT know the exact specifics (amount of days notice) but it is a certain amount of days for a family member needing to move in to the property and less for when the actual owner of the property needs to move in. 

We do not have a property management company. 

Yes, a garage.

The rent for the house is $1225 month which is low for the area but was based on time of year it was rented - January of last year - or coldest on record. We had a PM back in Sept. of 2013 and asking rent was $1450. Unfortunately the PM neglected to show the property, then winter hit. We got screwed by them and they got fired by us. Dropped price to get it rented as we also rent out another structure on the property for $400/month. A reduction of $200 or to $1250 and then leasing agent asked us if we would consider lowering by $25/month for a longer lease. First time LL's and we trusted his expertise. Agreed and we now, between the house and other structure get $1625/month in rent. Property was purchased at $140k in 2010  (a foreclosure) which is currently assessed by county at $200k. Does that help?

Can you explain what the cost of the home and how much rent affects this situation? I honestly don't know if it can?

My attorney wrote the lease. He is also my leasing agents attorney. The pets in the home are not the only problem. This is a 2br SFH. By law there are only 4 persons allowed to occupy the home. The tenants have moved in more. Not only are they violating the lease agreement but they are creating an illegal housing situation for us.

 Thanks for your humor? I hope you wouldn't enjoy slamming a fellow LL when they were already down.

Exactly what I was thinking. I know at the end of the day we are solely responsible for what is or isn't included in the lease but I get tired of paying professionals for things only to be disappointed. 

Originally my leasing agent (not PM) found tenants with 2 cats. Lease was drawn up to include said cats but they bailed before signing. I have read the lease a hundred times and only today noticed something. Please give opinion on language in BOLD. Is dog allowed or not? **Was advertised/leased as a no-pet rental. 

9. PET: 2 cats allowed in home. Attached Rider to lease. **(never removed from lease for prospective tenants w/cats and no rider was attached).

A) Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any pet on the property, (including but not limited to any mammal, reptile, bird, fish, rodent, or insect).

B). If tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: 1 dog to be part of the lease (my highlight)

  (1). declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27;

  (2). Charge tenant, as additional rent, an initial amount of $0 and $0 per day thereafter per pet for each day Tenant violates the pet restrictions;

  (3) Remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24-hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and

  (4). Charge to Tenant the Landlord's cost to:

    a. Remove any unauthorized pet

    b. Exterminate the Property for fleas and other insects

    c. Clean and deodorize the Property's carpets and drapes

    d. Repair any damage to the Property caused by the unauthorized pet

C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death or sickness to any pet.

Like I said I have NEVER, after reading this lease over and over, ever noticed that bit about "1 dog to be part of the lease". When you look at something so many times I guess we stop "seeing". Tenants came minus a pet but have allowed relatives to bring their pets to the home over the past year. Now a relative has moved in with a dog. Plan on posting notice as soon as attorney signs off on what was going on with the lease. Can still evict for unauthorized persons being moved into the home. Tenants won't respond to our attempts to contact them and try to work things out. Good riddance.

Currently we are battling a few different time lines. First & foremost is waiting to see if rent is paid by noon on Feb. 5th. Late fees  "could" start being imposed then. If not paid I will contact the attorney on the 6th and start eviction proceedings based on non-payment. If rent is paid I will wait until the 14th which was the deadline for them to respond in writing by signing and returning to me an addendum to the lease representing the dog(s) being on the property. Attorney said to make contact with them on the 12th or 13th about getting the paperwork and NOT IF they were planning on signing and returning. By that time if it had not been done it wasn't in their plans. If they refuse then we post notice to vacate based on lease violation of having pets in the home and other people living in the home not on lease. We could take our pick or list all violations at that time. I really hope they just own up to the pets, pay the pet fee and give me some names of who else is living there and accept the rent increase. In a perfect world......