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30 Days Notice What's the worst case......

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Lemontwist4
Frequent Contributor

Re: 30 Days Notice What's the worst case......

I should be more clear If I give Oct 31st as our last day instead of September 30th and I notify them September 17th or sooner it will be 45 days
Sent to USDA on August 14th 2013 Approved September 5th CLOSED September 9th!!!!!
Message 11 of 15
Boldilocks
Established Contributor

Re: 30 Days Notice What's the worst case......

In Ohio:

 

5321.17 Termination of tenancy.

 

(A) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a week-to-week tenancy by notice given the other at least seven days prior to the termination date specified in the notice.

 

(B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date.

 

(C) If a tenant violates division (A)(9) of section 5321.05 of the Revised Code and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the residential premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, the landlord shall terminate the week-to-week tenancy, month-to-month tenancy, or other rental agreement with the tenant by giving a notice of termination to the tenant in accordance with this division. The notice shall specify that the tenancy or other rental agreement is terminated three days after the giving of the notice, and the landlord may give the notice whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code. If the tenant fails to vacate the premises within three days after the giving of that notice, then the landlord promptly shall comply with division (A)(9) of section 5321.04 of the Revised Code. For purposes of this division, actual knowledge or reasonable cause to believe as described in this division shall be determined in accordance with division (A)(6)(a)(i) of section 1923.02 of the Revised Code.

 

(D) This section does not apply to a termination based on the breach of a condition of a rental agreement or the breach of a duty and obligation imposed by law, except that it does apply to a breach of the obligation imposed upon a tenant by division (A)(9) of section 5321.05 of the Revised Code.

______________________________________________________
DH starting scores 02/10/09: EX - 543, EQ - 543, TU - 554
Current scores: EQ - 750, TU - 732
My starting scores 03/13/10: EX - 711 (LO pull), EQ - 692, TU 701
Current scores: EQ 736, TU - 732
Message 12 of 15
Boldilocks
Established Contributor

Re: 30 Days Notice What's the worst case......

It's on page 23.

 

 

http://www.google.com/url?sa=t&rct=j&q=month%20to%20month%20tenancy%20ohio&source=web&cd=4&ved=0CD0Q...

 

(It's a PDF, can't attach it)  You're month to month so you can't really give more than a month's notice or you wouldn't be month to month, if you see what I mean, LOL.. It's 30 days.  Just google Ohio tenant laws.

______________________________________________________
DH starting scores 02/10/09: EX - 543, EQ - 543, TU - 554
Current scores: EQ - 750, TU - 732
My starting scores 03/13/10: EX - 711 (LO pull), EQ - 692, TU 701
Current scores: EQ 736, TU - 732
Message 13 of 15
In-A-Limbo
Valued Member

Re: 30 Days Notice What's the worst case......

In illinios law said that the tenent must give the landlord at least 30 days notice in writing otherwise the tenent must pay 1 full month payment or the landlord can takethe tenent to court. If the contract call for 60 days, then you must give 2 full months notice of face the court order.

 

This happened to my mother who though a verbal notice was ok and gave a verbal notice 45 days in advance and asked me to write a letter to her landlord later (less than 30 days). Well the landlord acknowledged her verbal notice but later when she couldn't find to rent her place right after my mother she flipflop and said that my mother gave her less than 30 days notice and therefore demand 1 month payment.

Message 14 of 15
Lemontwist4
Frequent Contributor

Re: 30 Days Notice What's the worst case......


@Boldilocks wrote:

It's on page 23.

 

 

http://www.google.com/url?sa=t&rct=j&q=month%20to%20month%20tenancy%20ohio&source=web&cd=4&ved=0CD0Q...

 

(It's a PDF, can't attach it)  You're month to month so you can't really give more than a month's notice or you wouldn't be month to month, if you see what I mean, LOL.. It's 30 days.  Just google Ohio tenant laws.


Lol you lost me with all the legal stuff lol but you right and I do see what you mean but the only expired lease does say month to month has to give them 45 days or pay a full month rent. I googled to see if they sued anyone and someone posted their dad died in the apartment and their mom got behind on rent so they kicked her out a sued her for the remaining 6 months rent and the blood the paramedics got on the carpet from working on her dad. They then garnished her mom's wages and when she asked if there was any way she could lower her payment they said no! So I will just give them 45 days and move very slowly! I will be living in the other house ASAP but I will keep the keys to this place until October 31st unless they agree to let me out of the 45 days notice.

Sent to USDA on August 14th 2013 Approved September 5th CLOSED September 9th!!!!!
Message 15 of 15
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