30 Day Notice to Leave

[Stover]

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

If I give my tenant a 30 Day Notice to Leave by December 25, 2013 because she broke the terms of her lease concerning fighting and drug use, can I still legally collect rent for the month of December if she is in the apt on December 1, 2013?
Her rent is due on the first of each month and considered late if paid after the 5th of each month.

Thank you

 

[sandyclaus]

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

If I give my tenant a 30 Day Notice to Leave by December 25, 2013 because she broke the terms of her lease concerning fighting and drug use, can I still legally collect rent for the month of December if she is in the apt on December 1, 2013?
Her rent is due on the first of each month and considered late if paid after the 5th of each month.

Thank you

I'm not sure I understand your question.

If you give her notice to vacate and she's still in the apartment for the 30 days preceding the notice's expiration, of course you can legally collect rent. A The tenant still owes rent for the days she occupies the premises. A notice to vacate doesn't entitle the tenant to free rent. Of course, if she paid a last month's rent, then the final month is already covered.

If she vacates on or before the 25th of the month, you will owe her a refund for the prorated rent for the remaining days that she does not occupy the property during the month.

 

[latigo]

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

If I give my tenant a 30 Day Notice to Leave by December 25, 2013 because she broke the terms of her lease concerning fighting and drug use, can I still legally collect rent for the month of December if she is in the apt on December 1, 2013?
Her rent is due on the first of each month and considered late if paid after the 5th of each month.

Thank you

There is another issue here, which needs to be examined in light of Ohio law. And that is whether or not your Notice to Quit the month-to-month tenancy is legally effective as of December 25.

If you proceeded with the notice under ORS Section 5321.17 (B), then the Notice must have been given “thirty days prior to the periodic rental date”.

And here you indicate that the "periodic rental date” is the first of each month with the consequence that you could not terminate the tenancy short of the last day of December.

Now I can’t speak specifically as to how the Ohio courts will treat your Notice, but in my state and others these rental-termination statutes are strictly construed. Here the court would find you Notice to Quit defective and send you back to square one.

However, since you still have few days left in November, I would have you redo you notice to be effective at midnight on December 31 and spoil the tenants New Year’s Eve party.

ALSO, because of the alleged use of a controlled substance (a violation of ORS 1932.02(A)(6)(I) you have another option. And that is to give a 3-day Notice to Quit as provided in Ohio Revised Statute 5321.17.

 

[FarmerJ]

If you do not have police reports ( your posting did not say how you came to know this but If you do not have a police report then go the longer route and get your notice to tenant to tell her to get out by end of 12 -31- 13 and if tenant fails to get out its court time anyway. If this tenant does not have the rent for December paid by its due date then do not waste any more time do what your state says for first step to get a non payer out and go that route and if your county courts docket is not too loaded up you might get lucky and may possibly have the tenant in court b4 Xmas. If you have to take tenant to court use your county sheriffs dept to serve the summons to the tenant , going that route is 100 % mistake free, they will serve tenant according to your states laws and it will be pretty bullet proof when a deputy has been the one to fill out the affidavit of service ( or what ever its called in your state after proper service has been done)