Tenants skip out on rent after finding free rent through HUD

Q: Tenants moved out of my home, after 5 or 6 months of a written year long lease. They gave me 3 weeks notice they were moving and gave a reason. They claimed Hud had just found them a place to rent( I don’t accept Hud). I explained to them they could move if they want, but that they were in a year’s promise to me and still had to honor lease referring to rent, utilities, etc., until I found a replacement.

I had replacement in 5 wks later. Naturally I billed them for unpaid rent, yardcare(a part of their lease) and a few damages. The bill exceeded their sec dep about $400. They may be pretending to be dumb, but they claim they don’t owe me anything because Hud offered to pay me their rent had they stayed, but since I don’t accept Hud I forfeit my claim to all their obligations. I told them I have no contract with Hud, but with them; and it was their choice to move simply for their budget, so they still owe until replacement. They are getting their legal advice from her father- who is, by the way, an absolutely top-notch auto mechanic. I have urged them to get their legal advice from an attorney.

Is there a specific place in ORC or similar forum that I might copy to show them they owe- that their reason to be excused from their lease isn’t valid? I realize they may be playing dumb in hopes I’ll question myself or let it go. If I could show them specifically and say “see? Here it is.” Then they might believe I am correct and believe I don’t intend to let it go.

A: We have reprinted the section of the Ohio Revised Code governing landlord tenant law at this link. I can’t find a specific provision governing your situation; however, your situation would be governed by the lease. I assume that there was nothing in the lease giving the tenants an out if you don’t accept HUD. I’ve never heard of such a thing. It sounds like the tenants are just trying to get out of their obligation to pay rent because, according to them, you owe it to them. Happily for you, you found new tenants within a short amount of time. You can pursue the tenants in court for the extra $400 if you so choose but it may not be worth your time, effort and money to do so.

If you do decide to pursue your tenants in court, we offer a guide to getting and collecting upon judgments in Ohio at this link.

Can tenants pay rent late because of a holiday?

Q: I have a question about the legality of collecting rents on the first. It seems several of my tenants believe that they can pay their rents late, on the second, when the rent falls on a holiday (like today). Their leases specifically state they have no grace period, and a lock box is provided for after hours payments and for when the office is closed. Yet, over half the tenants have not paid rent today. Their leases do call for a late fee when rent is not received as of 9 pm on the 1st of a month. Am I justified in charging them the late fee? Or should I waive them this time (and hopefully not set a precedent) and send a reminder out to all tenants that rent is always due on the first, regardless of day of the week, holiday, or whatever?

A. It sounds as if your tenants are making an honest mistake. I would avoid charging them the late fee this time. Consider sending out a letter now as well as before the next time the first falls on a holiday to remind them of their duty to pay rent. It’s nice to have the rent paid on time but there’s not much you can do with it until the banks open after the holiday. If you do decide to send out a letter reminding them that rent is due on the first despite the holiday, keep a copy of the letter along with a list of all tenant to whom you sent the letter.

We provide property management forms and guidebooks to help landlords.

How Long Does a Landlord Have to Return the Security Deposit of the Tenant?

Q.  In Ohio, how long does the landlord have to return the security deposit of the tenant?

A.  In Ohio, if the landlord receives written or actual notice of the tenant’s security deposit forwarding address, the landlord must return the security deposit or the balance plus an itemized list of reasons in writing as to why the tenant is not getting the deposit back.  This must be accomplished within 30 days of the receipt of the written notice and the end of the tenancy.

If the tenant can show that any portion of the security deposit was wrongfully withheld, then the tenant is entitled to recover double damages and attorneys fees under Ohio Revised Code Section 5321.16.

How Much Notice is Required to Evict a Tenant

Q.  In Ohio, how much notice does a landlord have to give to evict a residential tenant?

A.  The answer is that it depends.  If the tenant has breached the lease or is holding over after the tenancy has expired, then the landlord need only post a three day notice.  But if the tenant has violated Ohio Revised Code Section 5321.05, then the landlord must give the tenant 30 days to fix the problem first, and then, if the tenant has not remedied the problem, then a three day notice may be posted.

If the relationship between the landlord and the tenant is month to month, then Ohio Revised Code Section 5321.17 requires that the landlord give the tenant 30 day’s notice that the month to month tenancy will be ending.  The timing of the thirty days is important, as the 30 day time period only begins to count from the start of the next rental term.  If the tenant holds over after that, then the landlord need only post the three day notice to vacate.

How does the residential eviction process work in Ohio?

For residential evictions in private rental situation (no HUD funding), the lease has to have ended or there has to be a breach of the lease by the tenant. Once either of these two things happen, then the landlord can hang a three day notice to vacate upon the door of the rented premises. That three day notice must contain certain statutorily required wording that must be set apart from the rest of the notice in typeface and size.

The landlord must then wait three business days, and then the landlord may file a forcible entry and detainer action (FED) with the court. The court will then set a hearing date to make a determination of who has the right to possession of the rental property. This hearing is usually conducted within three weeks of filing.

If the court determines that the lanldord has the right to possession after hearing both sides of the dispute, then the court will order a decision which can be turned into a Writ of Restitution for the premises. Many counties will then require the landlord to get a Praecipe for Set Out where a law enforcement officer will meet the landlord, a locksmith, and a moving crew at the premises. The locks will then be changed, the tenant will be escorted off the premises, and the work crew will remove all of the tenant’s belongings to the curb. Some courts have local rules requring the landlord to store the tenant’s belongings safely for a certain period of time. Others do not.

See our Complete guide to performing an eviction in Ohio

Getting Out of Leases When Not Everyone Signs

Q.  Can I get out of my lease agreement if not everyone signs it?

A.  In Ohio, the answer is that it depends.  There is case law out of Ohio’s Tenth District Court of Appeals that if not all of the tenants listed in the lease signs the lease, then this is grounds to get out before the date of possession.  In one case there were two tenants who were going to rent a garage to start a repair business.  When it came time to sign the lease, only one tenant signed it, and the other tenant refused.  When the landlord tried to hold the one tenant who did sign to the lease agreement, the court held that both tenants had to sign to bind either one.

But if you have taken possession even though not everyone has signed, a court may find that this is an implied or oral lease different from the written lease.

The answer also may be different if not all of your co-signers signed the lease.  The tenant wanting to get out of the lease will argue that there is no difference between tenants who were supposed to sign (as in the case above) and co-signers, since each has duties that the other parties were in theory depending upon.  But a court might buy the idea that co signers and tenants are wholly different, and that the failure of a co-signer to sign does not prejudice the other tenants with co-signers since there is still sufficient security.  I’m not really sure how that one would come out.  All I can do is present the likely arguments and leave it up to the judge.

Check out our Guidebook on how to get out of your lease.

Landlord keeps half of security deposit for gouge in countertop

Question: My girlfriend rented an apartment in Westerville for her ailing grandfather. She purchased furniture and housewares for it, but he passed away before he could move to Ohio and move into the apartment. We moved the things out, and the apartment manager kept half ($200) of the security deposit, citing damage (a gouge?) to the counter-tops.

I’m confident that no damage was done moving in or out, but additionally, the manager indicated that the damage had been hastily repaired and painted over (by her or her crew), so I’m absolutely certain we’re not responsible for it. The manager said that she is sure we are responsible for the damage because she checked with the previous tenants and they said they weren’t responsible for the damage. Do we have any recourse?

Answer: I’m trying to figure out who’s gouging whom here. First of all, I assume that you were on a month to month lease that had expired after one month. One thing that you need to be sure to do is know how to properly end a month to month tenancy. On our main website, we have a podcast talking about terminating a month to month lease. Generally you have to give the landlord 30 days notice of your intent to vacate the apartment and end the month to month tenancy. Listen to our podcast to avoid pitfalls on giving 30 days notice. You generally have to give 30 days notice prior to the next due date for rent. So if your rent is due on the first of the month then you need to give 30 days notice prior to the first of the following month.

Why the big deal on this? If you don’t give 30 days notice you owe rent for the following month whether you lived there or not. So your landlord may have a legitimate claim for $400 (I assume that is the monthly rent) against your security deposit.

By the way, the 30 days notice must be in WRITING and delivered in a manner that you can prove that the landlord received it. Again check out our podcast.

Finally, back to the security deposit charges of $200 for the counter-top gouges. We have a whole section devoted to getting your security deposit back on our website at this link. Generally, we recommend documenting the condition of the apartment at move in and move out with photos or videos. If you have such evidence then you are golden. If not, it then becomes a he said-she said game. Of course, you can always question the legitimacy of the $200 charges. Does the landlord have to replace the counter-top or is a simpler less expensive fix available.

You could ask the landlord for the previous tenant’s current address or phone number as you would like to talk with them. It sounds to me like the landlord is lying. It doesn’t make sense that she would have to check with the previous tenants. I think the landlord is retaliating because your grandfather never moved in and she has to re-rent the premises.

One last point, to preserve your rights, you need to send the landlord a letter with your address for receiving the security deposit and do this via certified mail return receipt requested. Do this even if the landlord has already sent you half the deposit back. If you do take the landlord to court, that letter is a pre-requisite for getting double damages and attorney fees.

Hope this helped.