Hold over or Month-month???

[cincityplayer]

I have a tenant that is occupying one of my properties and is late with her rent. She was under a lease but the lease has been expired for about 3 months now. Is she considered a hold over or a month-month tenant. The reason I ask this is because I know if's she's considered month-month then I have to serve her with a 30 day notice and if shes a hold out I can serve her with the 3 day notice and start the process much sooner than serving the 30 day notice and having to wait until the begining of the new rental period before I can start counting the 30 days. This deremination could be the difference between getting her out the 1st week of January or the middle to the end of Feburary, which the latter is at a significant cost to me:mad: . I 'm looking for some help on how this situation would be looked at by the courts. Also if I serve the 3 day notice and she defends the eviction is there a chance the case could be dismissed because of not giving her the 30 day notice? any and all help is greatly appreciated.

[ohiolandlord]

Generally, the terms of your lease would define the statuts of the tenant at this point. If your lease is silent on the matter, then the tenant would be a month to month tenant.

If you search this forum, there is also a landlord that gives advice on giving tenant's a monetary incentive to move out at a certain time. You could try that.