My husband and I signed a lease a year ago with a private landlord for a room in a house with other tenants who have rented rooms as well. During the year we fell on financial hard times (job loss, health issues) and became inconsistent and behind in our rent. In May our landlord told us through text message that unless we were able to catch up by June, he will not renew our lease and will have to be out by then end of June. Nothing has been filed nor have we received any official notices, everything has been done through text messages. My question is, even though our lease is up (we are waiting for an apartment to be ready and have no where else to go) does he still have to go through the courts for him to legally kick us out? How does a non-renewed lease work if we can't go yet?
Car / Auto Accident Lawyer
Generally speaking, in Ohio a landlord must follow a specific legal process in order to evict a tenant. That process involves giving the tenant proper notice to vacate the property. If the tenant is still residing at the property following the notice, the landlord can file an eviction action the the local court system.
Therefore, if you haven't received a 3-day notice of eviction and you haven't been served with notice of a court hearing, your landlord can't *legally* evict you...yet.
Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this answer.
2 lawyers agree
Real Estate Attorney
my colleague is correct
the "NOTICE TO LEAVE PREMISES" (known as the 3 day notice) must be delivered to your premises
then an eviction complaint has to be filed in the local court
a hearing date will be set about 3 weeks later
then an order to move-out
whole process can take 4 to 5 weeks
usually a non-renewed lease goes into a month to month lease
Yes. In many states, when a lease expires and a tenant remains, the situation becomes what's commonly called "holding over" which essentially is a month to month lease. Thus, you still have rights in the property, and the landlord would have to follow your local laws and procedures to get you out of the premises.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
When the lease expired, your rights merely changed to that of a periodic (typically, month-to-month) tenant. You are NOT a trespasser. Therefore, if your landlord wants you out, he can ask you to leave, but otherwise will have to obtain a forcible entry and detainer judgment against you and your husband in court.
That said, don't let it come to that. If landlord has to kick you out through legal process, he typically also gets a money judgment to go along with it. That will follow you long after you leave.