What do i do when my tenant has not giving me a 30 day notice to vacate the rental property? I feel like my hands are tied!

Asked 12 months ago - Toledo, OH

I am a new landlord. My tenant lease is up Sept 3, 2013. I texted my tenant asking is she going to renew the lease, if not, will need a 30 days notice to vacate. she responded by saying," will let me know, she is trying to get a loan for a house."Then I asked a few weeks later by text, she responded by saying she is expecting and will let me know. Well her 30 days is up Aug 3, 2013 here it is July 27, still have not received anything. My question is do i send her a letter on Aug 4, letting her know i will start advertising the house for rent.Mentioned to her, I will be installing AC and rent will go up $25, and she texted back "no deal". but since then, have not officially gotten a definite response or letter if she is leaving or staying. She does pay rent on time. Feeling disrespected.

Attorney answers (2)

  1. Brandi Nicole Buchenau

    Contributor Level 11


    Lawyers agree


    Answered . Since her lease is up on sep 3 give her a 30 day notice on aug 3 that you won't be renewing her lease and that she needs to be out by sep 3. If she is still there on sep 4, you will need to serve a 3 day notice to vacate the premises and if she is still there after the 3 days, you can evict her.

    I am licensed in the State of Ohio, posting a response to your question or issue does not create an attorney-... more
  2. Peter Stephen Kirner

    Contributor Level 16

    Answered . In the alternative, most leases have an automatic renewal clause in them. Which means that if someone stays beyond the termination of the first lease then a new lease automatically starts. Which means, she would then be bound for another year (or what ever the lease says). If your lease does not have this clause, she becomes a month to month tenant automatically. She is still required to pay rents. IF she does not pay rents, you would likely need to give her a 30 day notice to vacate, then a 3 day notice (after the 30 days) then evict her. I would suggest that you meet with a local attorney so that you can have them in your back pocket should you need them. Good luck.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more

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