unpaid pest control fee's

[Curiouslady]

Jurisdiction

Ohio

I have a tenant that has an infestation, in the lease it states the tenant is responsible for pest control. if pest control is not initiated in a timely manner the landlord shall have it performed and it will be billed back to the resident. So I had to have the pest control company come out to treat the unit. The resident was not very cooperative but we finally got it done, she stated should could not pay the full amount but she would pay half with her November rent. She did not pay the bill but she did pay the rent in November. I sent her a notice on November 24, 2016 that December rent would not be accepted with her making a payment on the outstanding balance. She called and stated she could not make a payment on the outstanding balance she was planning on giving me what she could. I told her she needs to make the down payment in order for me to accept December's rent and she could pay the remainder of the balance with her January rent. She did not offer Decembers rent at all nor did she make a payment on the balance. I served her a 3 day for non payment of rent. Will this stand up in court?

 

[adjusterjack]

I think you may have a problem. The Ohio landlord tenant statute is not clear on the matter.

The payment of the pest control bill is an obligation of the tenant other than the payment of rent.

Your remedy would have been to either sue her for the bill or wait until she moved out at the end of the lease period and then deducted it from her deposit.

She isn't paying rent because you told her in advance of the Dec due date that you would not accept the rent without a payment on the pest control bill so it's you that is not accepting rent rather than her not paying it.

Feel free to review the statutes and see what you can come up with:

2015 Ohio Revised Code :: Title [53] LIII REAL PROPERTY :: Chapter 5321 - LANDLORDS AND TENANTS

If it's not clear to you either, I suggest you consult an attorney.

 

[curiouslady]

I think you may have a problem. The Ohio landlord tenant statute is not clear on the matter.

The payment of the pest control bill is an obligation of the tenant other than the payment of rent.

Your remedy would have been to either sue her for the bill or wait until she moved out at the end of the lease period and then deducted it from her deposit.

She isn't paying rent because you told her in advance of the Dec due date that you would not accept the rent without a payment on the pest control bill so it's you that is not accepting rent rather than her not paying it.

Feel free to review the statutes and see what you can come up with:

2015 Ohio Revised Code :: Title [53] LIII REAL PROPERTY :: Chapter 5321 - LANDLORDS AND TENANTS

If it's not clear to you either, I suggest you consult an attorney.

Can I serve her a thirty day for non-compliance with the lease, a lot of the non compliance notices are 3 day notices. 1923.04 seems to look like it would work, she already has a court date for the non payment of rent and if that falls through I don't want to have to wait until her lease is up, that's not until July. She still needs to have the unit treated 2 more times for pest control.

 

[Michael Wechsler]

@adjusterjack makes a good point about rent. In many leases I've seen (especially commercial), some items are labeled as "additional rent" such as late payment fees. As a result, that might qualify as rent due and owing and it depends upon the state as to how such are recognized.

 

[curiouslady]

Yes, I could not find a clear answer to the question and I do not have the wording in the lease that states it becomes rent. I am wondering will the thirty day notice of non compliance with the lease work, to file the eviction after the thirty days have expired if she does not any the balance in ful

 

[adjusterjack]

I am wondering will the thirty day notice of non compliance with the lease work, to file the eviction after the thirty days have expired if she does not any the balance in ful

That's possible but my concern is that by piling up a 30 day notice on top of the 3 day notice that may have been wrongly served because you declined rent before the default occurred and that there is already a court date on that, a judge might see you as harassing your tenant.

I suggest, at this point, you just wait until the court date on the rent and see how that goes.

The judge will teach you how this works, one way or the other.

 

[curiouslady]

That's possible but my concern is that by piling up a 30 day notice on top of the 3 day notice that may have been wrongly served because you declined rent before the default occurred and that there is already a court date on that, a judge might see you as harassing your tenant.

I suggest, at this point, you just wait until the court date on the rent and see how that goes.

The judge will teach you how this works, one way or the other.

 

[curiouslady]

Yes you are right, thank you so much for your help. I gues my biggest concern I that the court date is January 6, 2017 so I am not sure how I will be able to collect January rent so I was just trying to get a ahead by serving the 30 day and being able to file by Feb, I am not sure how this will work out but like you said I am about to learn.

 

[army judge]

Yes you are right, thank you so much for your help. I gues my biggest concern I that the court date is January 6, 2017 so I am not sure how I will be able to collect January rent so I was just trying to get a ahead by serving the 30 day and being able to file by Feb, I am not sure how this will work out but like you said I am about to learn.

I'll tell you what usually ends up happening, but I bet you already know.
Don't expect to ever collect a dime, unless you're prepared to chase your tail.
However, the eventual eviction will be ordered.
You'll get the control of your property back.
You can then decide how you wish to proceed.
Search the Internet, most landlords never get the money once an eviction begins.
Sure, you can hire a firm to chase their tail, and many will get you SOME money.
Or, you can do it, but is it worth your time?
It wasn't worth mine, which is why I sold my properties, and got out of the landlord game.
I own three properties still, but use them for purposes other than rental income.

 

[curiouslady]

Oh yeah you are so right, I don't expect to get anything from them I just want them out. I have been pretty blessed and have not really had any really bad tenants. I have lots of older long term tenants they have only been there 2 1/2 years but the rest of my long term tenants are going on 6 or more years so pretty steady. I have automatic rent debit and they love it so hopefully when I get rid of these bad apples the next tenant will be smooth sailing. Thank you for your help. I really appreciate it

 

[adjusterjack]

most landlords never get the money once an eviction begins. Sure, you can hire a firm to chase their tail, and many will get you SOME money. Or, you can do it, but is it worth your time? It wasn't worth mine, which is why I sold my properties, and got out of the landlord game.

Yeah, me too. Had rentals for twenty years until I got burnt out and sold them.