What do I do????? (never wrote out a lease)

[Taraboh]

Ohio
I brought my first house at the end of October 2009. My roommate was having issues with her mom being ill in California and a good friend was having problems with her landlord at end of her lease. I offered to let good friend move in house for 6 months and look for a house to buy (had pre-approval letter) or rent within the said time period. She agreed to pay rent and all bills. I agreed to stay at roommates house for 6 months so her home wouldn't be empty if she tooka leave of absence from work to take care of mother in California. The 6 months are coming to an end at the end of this month and the "good friend" that's in my house didn't sit aside money to pay for move out. Although I reminded her of move out date back in February. So now b/c she has to move she doesn't plan on paying rent or bills this month. I only found this out b/c rent was due, I had to call to ask for it and she told me "I knew she could pay rent this month?" Rent was due on the 10th of this month.

As I friendship has become a little rocky over the past months, I just wanted this last month to go smoothly and have get out of my house. So some reason I have a inkling it's not going to happen smoothly. I want to write a letter and send over to the house via certified mail pointing out our agreed move out date which will include all the charges that has incurred up til this date and approximate charges for bills that will arrive after she's gone. This way if I have to eventually take her to court I am covered. Is this a good idea? She knows the move out date, but hasn't found a place to move to yet, claims she's looking. I'm afraid if I put this in writing and it's now the
12th of the month, will I legally have to give her 30 days to vacate instead of the April 30th date? I never planned on being a landlord I was just helping a "friend" out.

 

[atomizer]

Yes, write your letter and wait for a written or answering machine message. Do not take phone calls. If she is late in her rent you can give her an unconditional quit notice. Hire an attorney to kick her out.

 

[Banned_Princess]

Ohio
I brought my first house at the end of October 2009. My roommate was having issues with her mom being ill in California and a good friend was having problems with her landlord at end of her lease. I offered to let good friend move in house for 6 months and look for a house to buy (had pre-approval letter) or rent within the said time period.

The quickest easiest way to loose friends.

She agreed to pay rent and all bills. I agreed to stay at roommates house for 6 months so her home wouldn't be empty if she tooka leave of absence from work to take care of mother in California. The 6 months are coming to an end at the end of this month and the "good friend" that's in my house didn't sit aside money to pay for move out. Although I reminded her of move out date back in February. So now b/c she has to move she doesn't plan on paying rent or bills this month. I only found this out b/c rent was due, I had to call to ask for it and she told me "I knew she could pay rent this month?" Rent was due on the 10th of this month.

What does this even mean? Ok so friend, living in your house's lease (with you) is ending this month, AND she didnt pay rent on the 10th.

Ok if you dont have a written lease, techincally shes a month to month renter.

As I friendship has become a little rocky over the past months, I just wanted this last month to go smoothly and have get out of my house. So some reason I have a inkling it's not going to happen smoothly. I want to write a letter and send over to the house via certified mail pointing out our agreed move out date which will include all the charges that has incurred up til this date and approximate charges for bills that will arrive after she's gone. This way if I have to eventually take her to court I am covered. Is this a good idea?

As her Landlord, the best thing for you to do at this point is to certify a letter to her to "pay or quit" She owes you rent, she doesnt owe YOU any utilities (unless you paid them)

3 days to pay the rent or move out.

If she doesnt pay you in the 3 days, you have to go to court (local civil court, sometimes counties have seperate landlord tenant court) and request she be evicted. (plus a judgement for past due rent, and any utilities you PAID for the property, she was suposed to pay.

She knows the move out date, but hasn't found a place to move to yet, claims she's looking. I'm afraid if I put this in writing and it's now the
12th of the month, will I legally have to give her 30 days to vacate instead of the April 30th date?

Yes, if she pays you, you have to certify a letter to her giving her 30 days (which you have to issue before the rent is due, so the earliest you can send this notice is today, effective june 10) then you have to go to the above mentioned court to ask she be evicted.

I never planned on being a landlord I was just helping a "friend" out.

Well too bad your a landlord, she's a tenant, read up on the laws here....


http://codes.ohio.gov/orc/5321


Let me know if you have any questions after reviewing the law, and process of eviction.

If she leaves the property damaged, that is another matter.

 

[DAD10]

For FUTURE reference

A lease is a contract between a lessor and a lessee, in which a tenant is given possession and use of a property in return for rent payment.
Another name for a lease is a rental agreement. A lease can be described in any number of ways, as long as the names of the parties, description of the property, rent amount, and duration of the lease are included in the rental agreement. The words "to let" or "demise" may also be used in a rental agreement.
According to the Statute of Frauds, leases for longer than one year must be in writing. However, it is common practice and good common sense to produce all lease agreements in writing.
The lessor must sign the lease contract. However, the lessee is not required to sign. Again, it is common practice for the tenant to sign the lease, but the law requires only that the lease be delivered to the lessee for it to be binding.
Both parties become bound to the agreement when the tenant accepts the signed lease, pays rent, and possesses the property. The landlord retains the right to reclaim the property after the lease has expired through reversionary right.
All leases should:
• name all parties. 

• describe the property. 

• define rental payments. 

• describe the duration of the lease. 

• be in writing, if for more than 1 year. 

• be signed by the lessor (landlord).

 

[atomizer]

OP, you don't have to give a 30 day notice if you want your house back.

EVICTIONS
In addition to any one of the notices described above, tenants are entitled to a three day notice, delivered to the tenant or at the premises, demanding the tenant to move out. This notice must include the following words:
"You are being asked to leave the premises, if you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."
This is not only a required notice, it is good advice. An eviction notice is the most serious legal problem most people will ever have. It forces a tenant out of a home, and costs the landlord money and lost rental income.
Eviction records are public and can seriously hurt tenants' credit ratings and references. Landlords who fail to follow proper legal procedures can end up owing their tenants damages or delaying even a legitimate eviction for months. Evictions should never be considered lightly and always deserve the attention of a lawyer.
Landlords must deliver a notice to vacate to the tenant at least three days be- fore they file a suit of eviction with the court. The tenant does not have to move out during this time. If the landlord and tenant cannot reach an agreement within these three days or the tenant does not move out, the landlord can file an eviction with the court. This eviction complaint is called a Forcible Entry and Detainer action and will claim either that the lease has expired or that the tenant has violated the law or the lease.
The Court will serve the tenant with a Summons by leaving it at the tenant's residence, by certified mail or personal delivery, notifying the tenant when and where to appear in court. The tenant is entitled to five working days between the service of the summons and the date of the trial. Stapled to the Summons will be the landlord's complaint usually prepared by the landlord's lawyer, asking the court to order the tenants to leave the premises and to pay any unpaid rent. The Summons also tells the tenants to contact a lawyer or the local Legal Aid Society.
If the tenant does not show up for trial according to the instructions on the Summons, the court will probably order the tenant to move out and pay whatever rent is claimed to be unpaid.
If tenants do not want to argue about their evictions but contest the amount of money that is claimed owed to their landlords, they must file a written Answer. The Answer must deny the amount owed and must be filed with the Court according to the instructions on the Summons.
Ordinarily, if the tenants or their attorneys show up and raise questions about the landlord’s right to the eviction, the judge will postpone the trial for up to eight days, or more if the tenant pays a bond to protect the landlord’s interest.
If the tenant fails to appear in court or the landlord wins the trial, the tenant usually still has up to ten days to voluntarily move out, depending upon what the judge orders. If the tenant does not leave voluntarily the tenant’s belongings will be moved and the tenant will be prohibited from returning. In most jurisdictions in Montgomery County the landlord must pay a fee to the bailiff or sheriff to lawfully remove the tenant from the premises, by force if necessary, and out the tenant’s belongings in storage. The moving and storage company doesn’t have to take all of the tenant’s property. Clothes, medicine, food, pictures, and damaged items are usually put in a dumpster. The tenant must pay all storage costs before the storage company will release the belongings from storage. After 3 days the storage company can sell the tenant’s property to pay the storage fees. In other jurisdictions, the tenant’s belongings are put on the curb. You can check with the clerk of courts to determine what is your local procedure.
Landlord and Tenant Rights and Duties Under Ohio Law

 

[Banned_Princess]

Where does it say she is in the counties you have cited the website for?

 

[atomizer]

OP lives in Ohio. This is a no second chance state. She is not required to accept rent once it is late. She can serve an unconditional quit notice.

 

[Taraboh]

Yes, write your letter and wait for a written or answering machine message. Do not take phone calls. If she is late in her rent you can give her an unconditional quit notice. Hire an attorney to kick her out.

Thank you I am in the process of writing a letter right now.

 

[Taraboh]

A lease is a contract between a lessor and a lessee, in which a tenant is given possession and use of a property in return for rent payment.
Another name for a lease is a rental agreement. A lease can be described in any number of ways, as long as the names of the parties, description of the property, rent amount, and duration of the lease are included in the rental agreement. The words "to let" or "demise" may also be used in a rental agreement.
According to the Statute of Frauds, leases for longer than one year must be in writing. However, it is common practice and good common sense to produce all lease agreements in writing.
The lessor must sign the lease contract. However, the lessee is not required to sign. Again, it is common practice for the tenant to sign the lease, but the law requires only that the lease be delivered to the lessee for it to be binding.
Both parties become bound to the agreement when the tenant accepts the signed lease, pays rent, and possesses the property. The landlord retains the right to reclaim the property after the lease has expired through reversionary right.
All leases should:
• name all parties. 

• describe the property. 

• define rental payments. 

• describe the duration of the lease. 

• be in writing, if for more than 1 year. 

• be signed by the lessor (landlord).

Thank you for the info, I will never put myself in this situation again.

 

[Taraboh]

The quickest easiest way to loose friends.



What does this even mean? Ok so friend, living in your house's lease (with you) is ending this month, AND she didnt pay rent on the 10th.

Ok if you dont have a written lease, techincally shes a month to month renter.




As her Landlord, the best thing for you to do at this point is to certify a letter to her to "pay or quit" She owes you rent, she doesnt owe YOU any utilities (unless you paid them)

3 days to pay the rent or move out.

If she doesnt pay you in the 3 days, you have to go to court (local civil court, sometimes counties have seperate landlord tenant court) and request she be evicted. (plus a judgement for past due rent, and any utilities you PAID for the property, she was suposed to pay.



Yes, if she pays you, you have to certify a letter to her giving her 30 days (which you have to issue before the rent is due, so the earliest you can send this notice is today, effective june 10) then you have to go to the above mentioned court to ask she be evicted.



Well too bad your a landlord, she's a tenant, read up on the laws here....


Lawriter - ORC - Chapter 5321: LANDLORDS AND TENANTS


Let me know if you have any questions after reviewing the law, and process of eviction.

If she leaves the property damaged, that is another matter.

Thank you, this post has been very informative. She lives in the house alone and incurs all the utilitiy bills on her own, but they are in my name. I will be paying them this month so not to affect my credit. Are you saying I have to forfeit payment for utility bills since they are in my name?

I have read the ohio Landlord/ Tenant laws. My letter is written and will go in the mail certified tomorrow. I'm just a bit confused about the your answer where it states, if she pays rent within the 3 days, I have to send her another certified letter and give her til June 10th to move out? Why not 30 days after she pays (I doubt if she will) since she wasn't even supposed to be in my house in May or June.

Thanks again for this information, I feel empowered right now!

 

[Taraboh]

OP, you don't have to give a 30 day notice if you want your house back.

EVICTIONS
In addition to any one of the notices described above, tenants are entitled to a three day notice, delivered to the tenant or at the premises, demanding the tenant to move out. This notice must include the following words:
"You are being asked to leave the premises, if you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."
This is not only a required notice, it is good advice. An eviction notice is the most serious legal problem most people will ever have. It forces a tenant out of a home, and costs the landlord money and lost rental income.
Eviction records are public and can seriously hurt tenants' credit ratings and references. Landlords who fail to follow proper legal procedures can end up owing their tenants damages or delaying even a legitimate eviction for months. Evictions should never be considered lightly and always deserve the attention of a lawyer.
Landlords must deliver a notice to vacate to the tenant at least three days be- fore they file a suit of eviction with the court. The tenant does not have to move out during this time. If the landlord and tenant cannot reach an agreement within these three days or the tenant does not move out, the landlord can file an eviction with the court. This eviction complaint is called a Forcible Entry and Detainer action and will claim either that the lease has expired or that the tenant has violated the law or the lease.
The Court will serve the tenant with a Summons by leaving it at the tenant's residence, by certified mail or personal delivery, notifying the tenant when and where to appear in court. The tenant is entitled to five working days between the service of the summons and the date of the trial. Stapled to the Summons will be the landlord's complaint usually prepared by the landlord's lawyer, asking the court to order the tenants to leave the premises and to pay any unpaid rent. The Summons also tells the tenants to contact a lawyer or the local Legal Aid Society.
If the tenant does not show up for trial according to the instructions on the Summons, the court will probably order the tenant to move out and pay whatever rent is claimed to be unpaid.
If tenants do not want to argue about their evictions but contest the amount of money that is claimed owed to their landlords, they must file a written Answer. The Answer must deny the amount owed and must be filed with the Court according to the instructions on the Summons.
Ordinarily, if the tenants or their attorneys show up and raise questions about the landlord’s right to the eviction, the judge will postpone the trial for up to eight days, or more if the tenant pays a bond to protect the landlord’s interest.
If the tenant fails to appear in court or the landlord wins the trial, the tenant usually still has up to ten days to voluntarily move out, depending upon what the judge orders. If the tenant does not leave voluntarily the tenant’s belongings will be moved and the tenant will be prohibited from returning. In most jurisdictions in Montgomery County the landlord must pay a fee to the bailiff or sheriff to lawfully remove the tenant from the premises, by force if necessary, and out the tenant’s belongings in storage. The moving and storage company doesn’t have to take all of the tenant’s property. Clothes, medicine, food, pictures, and damaged items are usually put in a dumpster. The tenant must pay all storage costs before the storage company will release the belongings from storage. After 3 days the storage company can sell the tenant’s property to pay the storage fees. In other jurisdictions, the tenant’s belongings are put on the curb. You can check with the clerk of courts to determine what is your local procedure.
Landlord and Tenant Rights and Duties Under Ohio Law

Thanks for this post, it's very useful.

 

[Banned_Princess]

Thank you, this post has been very informative. She lives in the house alone and incurs all the utilitiy bills on her own, but they are in my name. I will be paying them this month so not to affect my credit. Are you saying I have to forfeit payment for utility bills since they are in my name?

I have read the ohio Landlord/ Tenant laws. My letter is written and will go in the mail certified tomorrow. I'm just a bit confused about the your answer where it states, if she pays rent within the 3 days, I have to send her another certified letter and give her til June 10th to move out? Why not 30 days after she pays (I doubt if she will) since she wasn't even supposed to be in my house in May or June.

Thanks again for this information, I feel empowered right now!

I'm glad you are feeling better.

You dont have to accept the late rent, and you can evict for that. 3 days notice, and then file a complaint at court.

If the agreement is, she pays the utilities and she doesnt, and you do, then yes you are owed that money also.

Bring any proof you have as to the verbal agreement you have (if she has paid the utilitiesin the past, try to get the utility company to show, she made the payment... that proves she was to pay her own utilities.)

Proof proof proof. get it, save it. present it.

Rent reciepts, emails, whatever.

Best of luck, and let us know the outcome if you are able to do so.

 

[Taraboh]

UPDATE from April 12th**************

Well, it's been long month, but thanks to the excellent advice given to me here on free advice, I can say I successfully evicted my tenant in court yesterday.

As advised, I sent the pay and quit notice via certified mail on April 13th, it was never received nor picked up at the post-office. I called downtown to the magistrates office and was told to just "post it on the door" That's what I did. After 3 days, tenant still wouldn't move nor contact me, so I went and filed legal eviction papers on April 26th ($127), and we appeared in court yesterday. Now tenant has five days to move out after her door is red tagged. Sweet!!!! I have to attend another court date to recoup money owed, but that's fine. Thanks again FreeAdvice Community for pointing me in the right direction.

 

[Banned_Princess]

Success!

Thank you for the update, and We are so glad it worked out for you!

Good luck in all your future endeavors.