Deadbeat tenant

[duplexlandlord]

I used to have two longtime tenants. One moved out, and I drafted a new lease, but the remaining tenant never gave me a signed copy of the new lease. He has since failed to pay the past 2 1/2 months' rent. Since I never received any sort of signed contract, should he be legally be considered a trespasser? I would like to get him out of there.

[duplexlandlord]

I also read some of the other messages regarding similar issues. If I give a 30 day notice to vacate, then what? What actions or options should I take after that? Should the notice to vacate be drafted by an attorney? Should I have witnesses? What if the tenant doesn't move -- is it legal to remove their items from the unit after the 30 day notice?

[ohiolandlord]

Based on what you've said here, the tenant would seem to be on a month to month tenancy which would require a 30 day notice to the tenant. If the tenant isn't out when that expires, you would serve a 3 day notice. If the tenant still isn't out then you would have to proceed with an eviction action. See our complete guide on Ohio evictions here:

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

[younghoss]

sounds to me like a month to month now too, since old lease has expired, and no new lease in effect yet. Why can't this landlord give a 3 day notice for non-payment of rent instead of 30 day? He says no rent paid for 2 1/2 months.
If landlord gives a 3-day remember- the day you serve it on doesn't count. Its not Monday noon to Thursday noon, for example. The 3 day period begins the next day. If its served Monday noon, tenant has all of Tue, Wed and Thur. At 12:01 a.m. Friday the tenant if still there would be in violation. Landlord is also permitted to give tenant more than 3 days if he wishes. Sometimes a landlord chooses to give more than the legal minimum if he feels the little extra time might make it more likely that they will comply.