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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102597
Experience:  Attorney
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I am on an at will lease, in the State of Ohio. I rented the

Customer Question

i am on an at will lease, in the State of Ohio. I rented the basement from a friend.
i received a written notice to vacate on May 17th at 1am served by said friend Steven Scofield and he also had a Sheriff deputy present who witnessed the notice. On May 19th, I was taking a shower when Mr Scofield slipped a second notice under the door. This is a seven day notice to vacatetae issued by the court. Is this legal?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
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I am sorry to hear about this situation.
1) What state is this in?
2) What do you mean by an "at will" lease? Do you pay month to month, or, not? What is the situation?
3) Was the property SOLD or FORECLOSED UPON?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
It is a verbal agreement between myself and the homeowner, I pay month to month. He also disconnected the WIFI I live in Ohio
Expert:  Ely replied 2 years ago.
Thank you.
Was the property SOLD or FORECLOSED UPON?
Or, not sure?
Customer: replied 2 years ago.
Customer: replied 2 years ago.
In the first notice witnessed by the deputy, he does not include a reason. In the one from the court he states it is for past due utilities
Customer: replied 2 years ago.
I am also dealing with harassment as they live in the upstairs of the home.
Expert:  Ely replied 2 years ago.
Thank you.
Well, yes and no.
1) The landlord can terminate a month to month tenancy (which is what this sounds like) with 30 DAYS NOTICE. See here.
2) However, if the tenant (i.e. you) is breaching a certain part of the lease (verbal or not) such as paying the utilities, then the landlord can give a 3 DAY NOTICE.
3) If tenant is facing harassment, one can take actions to prevent this such as a restraining order, but, that does not "minimize" the landlord's overall actions for notice and terminating tenancy.
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I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
But can he serve me 2 seperate notices within 2 days of each other
Customer: replied 2 years ago.
Are you familiar with the ohio at will lease?
Customer: replied 2 years ago.
And I was told to pay the utilities as I could and I have done so. Can he turn off the wifi after serving me?
Expert:  Ely replied 2 years ago.
Yes, I am familiar with this topic.
He can serve you two separate notices, yes. Likely, he realized that the original notice was problematic since it did not give a reason for the notice, and thus he needed 30 days.
So he gave another notice alleging a breach of the agreement. However, he this time OVERSHOT the notice, as he technically did not have to give ore than 3 days.
The latest notice controls the situation.
If you feel that the notice is improper, you can of course respond by sending a certified letter explaining so and why, and, repeating the same to the court if landlord insists on attempting an eviction.
Assuming the utilities are not paid, the landlord is not allowed to shut them off, however, he does not have to keep them on if the tenant is the one who was to pay for them.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.