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Late Rent

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Stover

Junior Member
What is the name of your state? OHIO

I have a tenant that has rented from me since 1/2000. He has only paid his rent on time, 5 times from the date he moved in.

In December 2002, he was late paying his rent. He paid it when he said he would and included a note that stated he would pay the December late fee with his January 2003 rent. At this point I mailed him a letter that stated (Starting with March 1, 2003 late and partial rent payments would no longer be accepted from him). Rent is due and payable on the 1st day of each month and must be postmarked and received no later then the 5th day of each month.

On January 5, 2003, I received the late fee from his December 2002 rent payment and another note that stated (He would pay his January 2003 rent on January 17th). I did not receive his rent on the 17th. Today, January 19th, he dropped off in my mailbox a money order in the amount of $250.00. I called him and asked what was the $250.00 for? He stated ("I am having a hard time and I will pay the balance of my January 2003 rent in two weeks when I get paid again"). I told him I would call him on Tuesday the 21st to let him know if that would be acceptable.

I have talked to him serval times about him paying his rent late and making partial payments and I have explained why I cannot keep accepting his rent in this manner. I would like to return his money order of $250.00 and give him a Three Day Notice To Leave The Property, then on the fourth day file the eviction paperwork with the court system to start the eviction.

I know that in Ohio I have to give him a written 30 day notice that late and partial payment of rent will no longer be accepted. My questions are, is there anyway for me to file the eviction and not loose the case since I have talk to him before and explained that I would not keep taking late and partial payment for rent?

And, should I re-mail the letter I sent him on January 6, 2003 so he has to sign for it?


Thank you,

Stover
 
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FarmerJ

Senior Member
Is this tenant on a written lease ? if its only month to month write him a letter that conforms with your state law and tell him it is over with You want him to move , and send the notice with a certificate of mailing keep copy for you . If this tenant is on a yr long lease then you cannot accept partials any more and in feb you plan for filing eviction for non payment . you have allowed this renter to get into very bad habbit ,
 
C

CA. Landlady

Guest
Was the letter you sent on 1/6 a pay or quit or a letter stating he must pay in full and on time?

You've allowed him to pay partial payments so many times indeed you may have a problem currently. Your verbal warnings may not cut legal muster in court. I would keep the money, serve him proper notice to pay or quit for the balance remaining, serve him proper notice to vacate, and write him a letter as you indicated about not accepting partial payments. Then, if he doesn't pay as promised in a couple of weeks file for a UD. Also, it is imperitive that from now on you serve the pay or quit as soon as a tenant is one day delinquent.
 
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