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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35374
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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I'm looking for guidance and advice regarding our tenant

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Hi yes. I'm looking for guidance and advice regarding our tenant that just moved in. we live in New Franklin Ohio.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ohio
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: no issues regarding that... the lease simply states there are to be no more than the 3 people to occupy the rental. guests staying in the rental for more than 2 consecutive days, or a total of over 7 days in anyt 6 month period is considered a resident If done so without the written consent of owner shall be considered a breach of this agreement. Only the following individuals and/or animals, AND NO OTHERS shall occuy the subject residence for more than 7 days total unless the express written consent of owner obtain in advance.... i mentioned this 2 her once before and once after she moved in on 10/1/16. i have pics and documents for proof, she has had her mom spending the night and her niece and a couple bf about 20 times already. she sent a text that her lawyer said to move immediatly becayse theres too many stipulations . the terms sayt 6 months lease and if she moves b4 has to pay rent due until such time that the residence is occupied by an owner approved paying resident or expiration of said time period, whichever is shorter. .............. sorry about the book
JA: Anything else you want the lawyer to know before I connect you?
Customer: i think that's it. i just want to know if we have a leg to stand on by getting our money and if we have to pay her security back. thanks

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If she simply breaks the lease agreement, then under the law you may deduct from her deposit for any cleaning or repairs or for unpaid rent as of that date. Additionally, if there is any security deposit money left after the first deductions, you may hold that as well until you get the place re-rented out. You may then take lost rents from the time she moves out to the time you re-rent the place from the deposit. At that time, if there is any money left from the deposit you will have to return it to the tenant.

You will need to rent the unit out as soon as you can and then you can sue her for any lost rents that occurred up to the time that the new tenant takes over the rental---or the end of the 6-month lease---whichever occurs first.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help, or you are a subscription customer already. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Rating is accomplished by clicking on the rating-stars on your page. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

LawTalk and 4 other Landlord-Tenant Specialists are ready to help you

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.

Doug