changing utilities, please help

[Enola_Gay]

I told my renters that I was going to need to raise the rent or have utilities paid by renter, the gas bill has got too high for the current rent to cover bills with utilities included, I told them at the beginning of last month. They said they didn't want there rent raised.

Now the renters retaliated when the changing date of utilities is comeing up, I admit, I do have problems with it being up to code, they reported me to the fire department. Also they are behind on rent, and I told them if they don't pay, I will be evicting them, but I told them that before the fire dept was called. They have called me 20 times in in one night, in less than 2 hours, cussing me out and hanging up. Does calling the fire department affect the noticed changes? Isn't that har***ment?

Would I be legal to turn off utilities after over a 30 day notice to change utilities?
Wouldn't it be like the notice of raiseing rent?

The biggest reason I need to change the utilities, is that the renters are behind on rent, shut-off notices have come and I can't pay it, so I took it to the renters, and let them know about it. Thats when I give the notice, when rent for last month was due.

I am new to being a landlord, less than 6 months. Any help on this matter I would be very thankful for.

[ohiolandlord]

I told my renters that I was going to need to raise the rent or have utilities paid by renter, the gas bill has got too high for the current rent to cover bills with utilities included, I told them at the beginning of last month. They said they didn't want there rent raised.
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If your renters our on a lease, then you couldn't charge them more for utilities unless the lease indicates that they are responsible for utilities. If your renters our on month to month leases then you would need to give 30 days written notice of any increased rent.
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Now the renters retaliated when the changing date of utilities is comeing up, I admit, I do have problems with it being up to code, they reported me to the fire department. Also they are behind on rent, and I told them if they don't pay, I will be evicting them, but I told them that before the fire dept was called. They have called me 20 times in in one night, in less than 2 hours, cussing me out and hanging up. Does calling the fire department affect the noticed changes? Isn't that har***ment?
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Calling the fire department does not change your duties as listed above
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Would I be legal to turn off utilities after over a 30 day notice to change utilities?
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no
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Wouldn't it be like the notice of raiseing rent?

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see above
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The biggest reason I need to change the utilities, is that the renters are behind on rent, shut-off notices have come and I can't pay it, so I took it to the renters, and let them know about it. Thats when I give the notice, when rent for last month was due.

I am new to being a landlord, less than 6 months. Any help on this matter I would be very thankful for.
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If the renters are behind on their rent then you should began eviction proceedings unless you will have trouble rerenting. Usually posting a three day notice will clear up problems with rent payments. You sound like a perfect candidate for our complete landlord's kit at the following link:

http://www.ohiolandlordtenant.com/completekit.html

[eewillison]

In Ohio, if you want the tenants out, you have to evict them through the statutory eviction process laid out in Ohio Revised Code Section 1923.04. Most attorneys who regularly handle evictions will conduct the eviction for around $250.00 or less. To find the name of an attorney in your area who regularly conducts evictions, you should call any large apartment complex nearby and ask them who does their evictions.

You do not want to turn off the utilities. That is a form of self help eviction and is a violation of Ohio Revised Code Section 5321.15. If you want them out, evict them in the proper way.

You did not indicate what your relationship with the tenants is. If it is pursuant to a lease for a set period of time, and the lease calls for you to pay the utilities, then you are stuck with paying the utilities until the lease is up. You cannot change the lease just because the costs rose.

But if you are on a month to month lease, then the terms of that can be changed by giving the tenants 30 days notice in compliance with Ohio Revised Code Section 5321.17 which you can read up on for free at http://www.ohiolandlordtenant.com/faq20.html.

As for evicting them now that they have called the code violations people on you, if the judge sees your eviction action as being in retaliation for their complaint, then Ohio Revised Code Section 5321.02 which prohibits retaliatory evictions will stop the eviction. But if the judge sees the reason for the eviction as their breach of the lease, then the eviction will go forward.

You can read up on more of your rights as a landlord in Ohio by clicking on the links below.