lanlord

[lizzyg]

What is the name of your state? ohio, i had a 12 mo lease signed which has expired & no add'l leases signed since expired, i am considering moving back into the home, i lease the home to someone thru metropolitian housing. Can I just give a 30 or 60 day notice that they are to be out?? Do i have that right to move back in whenever i want since there is no lease at this point??

 

[justathought]

What did the original lease say about extention? Does it automatically renew for same lease term (i.e. another year) or revert to tenant-at-will (i.e. month-to-month).

You can also get in touch with your local residential housing association as to the local laws pertaining to eviction or owner reposession.

You want to be especially wary if the lease is through a housing agency as you suggested... Your tenants may have additional rights through the metropolitan--get in touch with the agency as well.

 

[lizzyg]

owner reposession

what is owner reposession?? IS that where I would decide not to rent and can move in? I have searched the web for metropolitian housing and laws?? Any suggestions of sites??

 

[lizzyg]

i found my lease which metropolitian used in their file as the leaese agreement, it states #15 "DUring the last 30 days of this lease, Lessor or his agent shall have the privilage of displaying the usual "for sale" or "For rent" or "vacancy" signs on the premises and of showing the property of prospective purchases or tenants. "
line #17 states "SHould lessee remain in posession of the demised premises with the consent of lessor after natural expiration of this lease, a new month-to-month tenancy shall be created between the lessor and lessee which shall be subject to all terms and conditions hereof but shall be terminated on 30 days written notice served by either lessee or lessor on other party."

 

[lizzyg]

i found my lease which metropolitian used in their file as the leaese agreement, it states #15 "DUring the last 30 days of this lease, Lessor or his agent shall have the privilage of displaying the usual "for sale" or "For rent" or "vacancy" signs on the premises and of showing the property of prospective purchases or tenants. "
line #17 states "SHould lessee remain in posession of the demised premises with the consent of lessor after natural expiration of this lease, a new month-to-month tenancy shall be created between the lessor and lessee which shall be subject to all terms and conditions hereof but shall be terminated on 30 days written notice served by either lessee or lessor on other party."

 

[justathought]

I only mentioned owner reposession because I have had one lease where it was specified that if the owner wanted to move in, she could give 30 days instead of riding out the full-year lease term... but it was specified in the lease at time of signing. So if you didn't provide, probably not an option for you. (In retrospect, I'm not even sure that was necessarily legal... but it wasn't an issue.)

But you answered your own question about notice time. You quoted the line stating that the tenancy does revert to month-to-month (tenant-at-will) and you just need to send out the 30 day notice. How that notice will need to be presented will depend on your local laws (sorry, I'm from MA--can't help you there). It varies from door-nailing to certified return receipt or constable service... maybe another forum member can guide you?

But know up front that day 31, if they're still in there you can't just change the locks and start moving stuff... Day 31 you have to begin proceedings for a court-eviction. If they're stubborn or know the laws better than you, they can delay the proceedings for quite some time.

Run out to the bookstore and grab a local landlord/tenant law book today!

Good luck!