What Type Of Notice To Give

[Stover]

What is the name of your state (only U.S. law)? Ohio

I have a tenant that was robbed at gun point in his apartment. He always has alot of people in and out of his apartment. I have talked to him about the amount of traffic coming and going to his apartment. Now he has been robbed in his apartment. The tenant in the apartment across the hall hear the robbery.
This happen to him because of his life style he chooses to live. I want to evict him because now other people in the building are at risk. Anyone coming into the hallway during the robbery could have been hurt.

Do I have to give him a 30 day notice or if I can give him a three day notice because of the danger level.
I just want him off my property as soon as possible.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Ohio

I have a tenant that was robbed at gun point in his apartment. He always has alot of people in and out of his apartment. I have talked to him about the amount of traffic coming and going to his apartment. Now he has been robbed in his apartment. The tenant in the apartment across the hall hear the robbery.
This happen to him because of his life style he chooses to live. I want to evict him because now other people in the building are at risk. Anyone coming into the hallway during the robbery could have been hurt.

Do I have to give him a 30 day notice or if I can give him a three day notice because of the danger level.
I just want him off my property as soon as possible.

Is this tenant under a fixed-term lease or under a month-to-month (M2M) tenancy? Your answer will determine the choices you have.

If he is a M2M tenant, then you can give 30 days' notice (beginning with the next rent due date, and ending at the end of the month) to terminate the tenancy. You don't have to have a specific reason for terminating a M2M tenancy at the end of the rental period.

If he is under a lease, you would need to have good cause to terminate the tenancy early. Nothing you have specified sounds like good cause. From your description, I'm hearing he has a lot of friends that come and go, and has been a victim of a robbery at gunpoint. There's no evidence that he did anything to cause it, or that the people who visit him would have caused such a thing to happen.

Now, if you had evidence that these visitors were there to commit a crime, such as buying drugs from him, and it was the drug dealing that created the risk of robbery at gunpoint, that would be an entirely different story. But it doesn't sound like that is the case. That means if you end up trying to evict on based on your preconceived notion that he is somehow dangerous to the other tenants, he could fight you on it. If you try to force him out, he could turn around and sue you for breaking the lease without good cause.

 

[Philxxxx]

I'll assume he has a yearly lease.

You cannot kick him out because he was robbed or has people visiting.

Maybe you should improve your building's security.

Good luck. I'm sure your renew his lease lol .. don't forget to tell him you will not be renewing if you need to.

 

[cyjeff]

Let me make sure I understand this.

You want to evict him because he is a victim of a crime?

Would you evict a woman that was raped in one of your apartments?

Yes, yes... you can say it has to do with his lifestyle... but what proof do you have? How many police reports did the person across the hall submit?

If you have no proof of an invited criminal element (and even if you do), plan on being sued into the ground.