Violation of Lease

[Stover]

What is the name of your state? Ohio

The renewal date is 8/01/2003. Can I just give her a 3 day notice to leave or do I have to give her a 30 day notice to leave?



I have a tenant that has moved her family members into her three bedroom apartment. This tenant receives Section 8 assistance. She has moved four (4) additional people into her apartment and has also moved her boyfriend in for a total of five (5) additional people. These five (5) additional people are not on her lease with me or with Section 8. Her lease with me clearly states that (No additional persons are to be moved-in without prior written permission from me). Her lease also clearly states
NO PETS, she has two cats, a bird and a hamister.

My question is: Can I give her a three (3) day notice to leave the property or do I have to give her a thirty (30) day notice to leave the property since this is a violation of the lease and not for non-payment of rent?

I will be calling her Section 8 caseworker today to inform them of the situation.

I'm in Cincinnati, Ohio.

Thank you,
Stover

 

[FarmerJ]

S8 isnt going to help you they will tell you it is up to you to deal with it and your going to have to prove lease violation and take her to court for violating the lease in the end ill bet . how much longer before the aniversary ? If you only have a few months to go it would be just as easy to plan for doing non renewal notice and do it far enough ahead so S8 doesnt try to automatically renew it .

 

[Stover]

The renewal date is 8/1/2003 on her lease. Can I just give her a 3 day notice to leave or do I have to give her a 30 day notice?

 

[FarmerJ]

Was there some part of the section 8 subsidy program you didnt understand ? S8 is for a whole yr at and you cannot just give her a 30 day notice YOU will have to follow your states laws about any notice you must send before going to a court SO if you have to send a notice giving the tenant a chance to correct the alleged violation then do that , and after so many more days your still going to have to go to the courts with enough proof that your tenant is violating the lease . 30 day notice only works when renter is month to month , and dont be shocked if you end up having to wait till June when section 8 is preparing to renew her lease and make sure you get your notice out to this tenant in mid June atleast and send the notice 2 ways one registered and if they refuse to pick it up send one with just certificate of mailing telling her you will not renew the lease and she must vacate by last day of current Lease . OH and even if you are going to refuse to renew the lease guess what S8 is going to come into the unit do anual re inspect and write orders to make repairs so that way dracula an friends can tear it up before they move .

 

[zappy]

and make sure you get your notice out to this tenant in mid June atleast and send the notice 2 ways one registered
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I dissagree, if you really have a bad section 8 tenants you have to notify them 5 ways!!!!

1. First Class mail USPO
2. First class with a certificate of mailing USPO
3. Certified Mail return reciept.
4. Mail a copy to section 8 caseworker

.Most important...........a neat trick

5. PAY $50+ for a LICENSED process server to physically hand the tenants the summons, and one more to section 8 caseworker.

that should cover each and every base.

 

[JETX]

This one is pretty easy.

Since the tenant is in clear violation of the terms of the lease, you are only obligated to give her a 3-day notice as follows:
Ohio Rev. Code Ann. §§ 1923.02 to 1923.04, 5321.17;
* Nonpayment of rent
* violation of a written lease or rental agreement
* when the landlord has "reasonable cause to believe" that tenant has used, sold or manufactured an illegal drug on the premises (conviction or arrest not required)
Source: http://rhol.org/rental/OH/Ohio.asp

There may be specific wording required (Ohio website is currently down), so you might consider purchasing a copy at something like:
http://www.nupplegal.com/oheviction.html

 

[FarmerJ]

Dee speaking with a section 8 case worker does nothing because again they will expect you to go after any tenant who is violating lease . what zap said in his num 4 and 5 is pointless section 8 worker again cannot do anything for you and legally is not able to discuss anything with you . other than the portion of the rent they pay to you and any work orders they write to you during annual re inspect , dont expect much help from them , I used to participate in section 8 housing program and learned the hard way that it was a mistake . For many LLs they have no problem and have very good tenants who are participating in the program but way more LLs have stopped participating because of all the extra hassles of adopting section 8 s operating system .