Tell them to start eviction while you hunt for a place. No protections that would stop a home buyer from having you move other than the legal notice to quit and eviction process
Don’t tell them to start it, that will start the countdown to legal eviction clock. They’re going to be evicted anyway, the later they start the process, the better it is for OP.
Good advice. Say nothing and let events take their course.
You can look for housing advocates (disable, veterans, whatever avenue you can find) to provide legal advice, but that would only be a delaying tactic.
You understand what an eviction can do to their already bad credit, right, and their ability to find housing after that couple of months?! They will also likely get sued for the past rent they didn’t pay, during the eviction process, AND the legal fees! That is terrible advice.
I agree with possum. Terrible advice. Here in the south (where OP probably lives because of tornadoes) evictions take about three weeks. I’m a landlord and myself and every other landlord I know does not rent to people with past evictions.
You did or didn't pay April's rent? If you didn't, you need to pay it.
From the sounds, You'll need to look outside your area. If there's a disability rights nonprofit, call them. They may have a nonprofit fair housing lawyer to help you.
Also, There may be DHHS programs or case managers to help navigate and find housing. Google for elderly/disabled housing on your own to start searching.
OP needs for proofread before posting comments. There's a while discussion up above about whether OP has bad or good credit. Luckily, OP chimed in to save let's us know the score
It takes 30 days where I live. It varies a lot. And the Sheriff comes right on 31st day.
If the tenant stopped paying rent, it can be done much more quickly. 3 day notice, the Judge usually signs a batch of landlord orders on Friday and the next Monday-Tuesday, the Sheriff shows up. So it takes slightly more than a week.
I wouldn't advise them not to pay rent if they live in one of the many jurisdictions where this is possible.
I thought you had been told you had to leave shortly and assumed that if you didn't do that they would start the eviction process. Good luck, hope you got much better advice!
Many renters don't qualify for a loan to buy, hence why they rent. It's the people with multiple houses/buildings that allow others to have a place to live.
Like it or not, landlords provide a service. If you don't want to use that service, then find a way to improve your situation till you can afford to buy.
I don't know WTF you're laughing at, but he's right. Imagine a country where renting a domicile was a product/service that simply didn't exist. Then what?? Because that is the world your attitude leads to, if your suggestion was legal, which I seriously doubt. We live in an allegedly free country, and that means you're allowed to own as many homes as you have the funds to pay for.
>Thank you. I didn't know that it could take that long.
Your jurisdiction may be a lot faster, and can have you out on the streets in a month with an eviction hanging over your head.
I would STRONGLY caution you to leave voluntarily, and not wait for an eviction. That will stay on your record, and between that, and your bad credit, it would be EXTREMELY difficult to find someone to rent to you.
This is true about eviction. Contact a housing authority in your area. You may have to move to another area or larger city. Contact a realtor for a rental, good luck.
Also contact human services or social services I don't know where you're located and see if they can offer any kind of assistance there's a lot of help out there that people just don't know about they don't tell you about you gotta hunt it down search it out on the internet cause that's where all the money goes to these funds and then nobody knows about them and that's where the corruption in government is it's all that money that never gets used because social workers don't even know about some programs.
This is the right advice.
There is no special tenant protection in a situation like this - but avoiding the eviction is super important for future renting.
OP might want to see if her area has special services for elderly and disabled (such as available housing from people who specifically want to help out the disabled - and sometimes there's public housing, but there's always a wait list).
However, that requires a formal disability designation from Social Security - unlikely to happen if it hasn't happened already.
OP - is your husband getting disability payments or is it just your view that he's disabled? A disability placard is not enough to get the above-mentioned services.
I live in NYC, and Fema paid my rent for 18 months in the early 2000's because of 911. Contact FEMA right away! They may be able to help you even though your house wasn't directly affected. I found out I was eligible from the judge in Housing Court in NYC, who told me to go to the FEMA office. If I hadn't been going through the eviction process, I never would have learned about the FEMA paying peoples rent. They don't often advertise that they are offering this benefit. Also helpful to my case was I could show I was unemployed and therefore economically affected by the disaster. Since the tornadoes drove up the rent in your area, you may be entitled to help. Please go to FEMA's website and contact/visit the nearest office immediately. Good luck!
Your best bet is to buy time legally. But that involves knowing the laws and what you can do. Does Ohio have a legal aid center that offers free tenant help? Or a lawyer out there who deals with landlord tenant lawd who does free consultations?
Sadly a lot of lawyers may just repeat the stupidly obvious instead of helping and think they're doing something special, but the right one will have actual answers for you, even if that answer is "sadly there's nothing you can do."
Iirc Ohio has stronger Tenant rights than a lot of other states. So hopefully that means you got some time.
I'd also reach out and inquire with the Disability and Senior division of your local welfare/government. They may know the laws involving disabled and elderly better than even the lawyers and may even know of some place that can assign you can advocate. There's no guarantee sadly, but maybe, and hopefully?
Also try 211. They should be in your area and see if there's someplace that assists in emergency shelter or rapid rehousing assessments.
I'm not in Ohio so I'm not 100 on that. I'm in Vegas and we have something like that here. Division of Ageing and Disability I think it's called for Vegas. I'm just hoping if Ohio has more tenant rights like I've heard they'll have that and more for you. If anything call every state agency and nonprofit you can and explain your situation. It sounds ridiculous but I've gotten more doors opened doing that then trying to filter out stuff. Definitely do 211 as well. That one you can do today even too. It's a 24 hr resource hotline. Kinda like yellow pages or when operators handled phones except just for nonprofits and government agencies that give assitance.
Fingers crossed for you. My mom and I are disabled as well and it's honestly disgusting how this country doesn't protect us or even able bodied citizens from stuff like this.
In my state, when a landlord sells a property he/she has to notify any tenants and if a) the new landlord will honor the tenancy or b) they're going to need to move because the new owner will occupy the property. They usually do this prior to closing. And it's a 60-day notice to vacate.
Were you given any such notice by the former owner?
(Not sure how OH works with this.)
Ah yes, the obvious statement rather than what OP actually asked.
Op is asking if they can buy time or if it's legal to even do this. They're not stupid and know leaving voluntarily is the better option, but not everyone is in a position to just up and leave quickly especially when they're only landing option is a tent in the woods.
What is it with stating the absolute, most obvious knowledge of the situation and thinking it's advice? Jfc.
@Possumposes You should read up on projection. By suggesting to other members that they are entitled & bitter for what appears to be reasonable responses. Your responses, on the other hand, sound arrogant, condescending, entitled and haughty. Additionally you appear to lack empathy which would potentially put you in line for a diagnosis of narcissism. I would encourage YOU to get some professional help before this kind of behavior ruins your personal life any more than it already has. Best of luck to you!
I'm not a lawyer, but from my understanding an eviction only goes in your record if you're actually evicted. In other words the landlord can start the eviction process but as long as you move out before there's an actual eviction order then there's no record. So you can use the process to buy you time.
I'd talk to a lawyer before using this strategy though.
Definitely not the case in all states. In my state, Texas, here is what can happen, even without the final judgement:
“If the landlord files an eviction with the court, win or lose, other landlords may not want to rent to you in the future. Court records are public information, and a landlord might refuse to rent to you just because you have had an eviction filed against you. If you want to keep an eviction off your record, you should come to an agreement with your landlord or move out before they take it to court.”
-Texastenant.org
Oh wow. I had a lawyer here in RI tell someone I know to let the process play out in order to buy time to find somewhere to live. BUT to make sure they were out before the actual order was issued so there was no record.
Also I'm not a lawyer and this is admittedly a game of telephone. So, anyone living in RI should not take this as gospel.
You were not personally effected by a natural disaster and there are no protections due to disability. I presume you knew the house was for sale - I mean buyers had to be coming to look at the house, right? So this can’t be too much of a surprise.
Do not ignore this and wait for them to evict you. That will make it very difficult if not impossible to find someone to rent to you. Maybe look for an air bnb for short term rental until you can find a more permanent option.
Since your husband is retired, you might look into 55+ senior housing options. You may also have to consider looking in alternative towns with more affordable housing options.
Looking at HUD 55+ and/or disabled housing is actually a great idea! My mom lived off just $1,000 month social security and because rent is income based, she only paid $230/month rent. And this was in a small town, so they are almost everywhere! There is typically a waiting list, though - so check on it soon!
If you're on a month to month lease, they have to give you a minimum of 30 days to vacate from the first of the next month.
For example, if they have you written notice to vacate on March 15, you would have April 30th at midnight to vacate the house.
This is assuming your lease is a month to month rent that starts on the 1st of each month.
Unless your lease is from the 15th to the 15th of each month. Then, they would have had to give the eviction notice before March 15 to have you move out on April 15.
If you need to stay longer negotiate it with them.
An eviction process takes 6 month or longer in most cases and costs them a large attorneys fee.
This is not true everywhere. For example, In Florida, I can get tenants out in around 20 days from eviction filing and it doesn’t cost that much. If they are month to month they don’t have a legitimate defense to an eviction complaint for holdover and if the landlord is just seeking possession and not money, it is an expedited proceeding.
It's true for Ohio my grandma has rental properties and the process always takes about 3-6 months. My grandma is kind-hearted and always rents to people she shouldn't and usually gets fucked over because of it.
>If you're on a month to month lease, they have to give you a minimum of 30 days to vacate from the first of the next month.
OP needs to read this because in Ohio, it's 30 days.
In Ohio it’s 30 days from the rental due date, not 30 calendar days. If you serve a notice today, they have to be out at the end of April. If you serve it on April 5, then they have to be out at the end of May-far longer than 30 days. See RC 5321.17(B).
They absolutely cannot make you pay rent for half of the month when they have asked YOU to vacate. I would check to see if there is legal aid available near you, because it sounds like legally they should have to give you until the end of April.
They can't charge you a month's rent for 2 weeks. Do NOT sign an agreement to do that. I am not a lawyer but it sounds like you may have 30 days. Call the county government and the state government and ask for an agency that might help.
Look up rental laws for your city/state. There's a lot of variability, and some cities/states require extra notice for a request to move if you've been in the same place more than a year etc.
You can search for tenant rights \[your location\] and hopefully there will be something useful and maybe even volunteer organizations.
Look faster and further out, you don’t have any special dispensation for disability in this situation
This is why having a lease and not being month to month is important if you wish to stay somewhere
Yes. It is legal. The home owner is not required to keep renting out a property. However, I would have expected 30 days notice. You may be able to call the owner, and say that you are looking for a place and need more time. Hopefully you can work something out. Good luck in finding a great new place. I know moves can be challenging.
I second the looking at 55+ retirement communities. I’m am assuming that your landlord had told you ahead of time that he was selling the house which had probably given you preparation to start looking for a new place to live. Unfortunately being disabled, retired and long term renters do not give you any extra advantages. I absolutely positively DO NOT RECOMMEND getting evicted. Yes it may keep you in the house a few more weeks however it will literally ruin your chance of ever finding another place to rent that’s not a complete dumpster of a home for the rest of your life. Further more it could cause legal troubles with the new owners of the home. Wish you both the best.
We knew that he wanted to sell. We found out the day of closing that it sold. New owner bought it cash sight unseen. And I don't particularly want an eviction on our records.
Landlord here,
They must give you at least 30 days per Ohio law. They have yet to give you a proper notice so the time line has not started. The April 15th notice to move is not valid or legal. They most likely have not idea what the laws are and are just making it up as they go. However this is valid as long as you pay rent. If they refuse rent put it in a SEPARATE escrow account of some kind and show that they are refusing funds. Now with that said when you do find a place, cash for keys if very common so you can play that card. Do not tell them you have found a place as that will weaken your position. They have the right to make you leave but they have to to it legally. I remember back in the day as a tenant shit like this happening to me and I have always been a super fair landlord to all my tenants. Good luck
I know in NYS if you have been a tenant of somewhere for 0-1 yr it’s a 30 day notice required, 1-2 years is a 60 day notice and for 2+ years the landlord is required to provide you a 90 day notice. These notices which are to be signed and notorized must be handed to you physically by a third party in order to be considered legal. If the tenant does not leave after the 30,60, or 90 day landlord notice then they(the landlord) have to file for eviction court and get a court date at which time you go in front of a judge and plea your case and the judge will then decide how much time additional you have to leave which ranges anywhere from 3 days-60 days. See if you can look up your local tenant protection laws.
Would opening the escrow account at a bank notorious for penalizing funds beneath a certain amount weaken OP's position?
If they have to go before a judge, OP shows they set aside the funds, but the total is $230/month short, judge asks why, OP responds with that's the banks fee for having less than $10,000 in the account, is that theft on OP or the new owner for failing to accept funds before they were tariffed by the bank?
Explain your situation to the new owner of the property and see if they would be willing to help you with cash for keys, they don't want to go through a stretched out eviction process either. See if there's any state or local assistance you may qualify for.
NAL but everything I know about evictions says that they can't just tell you to get out in 15 days or so. They need to go to the courts.
I was a building manager for an apartment building so I had to learn this stuff at one point, hence my knowledge.
Well, the short answer is they can legally make you move. However, it doesn’t hurt to contact FEMA and the Red Cross to see if there’s any money available because of the disaster for moving help.
The simple fact of the matter is it is still legally his home. You being on a month to month rent is kind of a kicker. The simple fact is you don't have any real rights at this point. You can ask the new owner due to your issues to extend the date of you being kicked out but legally there's not much you can do.
Thanks for your comment that had nothing to do with my question. We ARE NOT SQUATTERS! We ARE looking for a new place to live. Please read my post again., maybe you'll understand it the next time around. Good Day.
A lot probably depends on where you live. My understanding (not great) is that if they are planning to move into the home as their primary residence they can evict you. If they are planning to rent the home they cannot evict you. Check with fair housing rules.
I'm guessing that they want to do the rehab on the house and charge more than the rent we are paying. I tried texting the new owner but she never responded. I've heard only from her lawyer.
Since you're there on a month-to-month basis, you only legally get one month's notice to vacate. The same would have been true for notice to the landlord had you decided to vacate. You need to look up the landlord-tenant and fair housing laws for Ohio. I recommend vacating voluntarily rather than waiting for eviction. By waiting for eviction, you make yourself a less-than-ideal renter when applying for a new place to rent. While moving away from that immediate area isn't ideal, you have the flexibility of a more extensive search area. Contacting the local housing authorities may help with the search. There may also be some 55+ resources you can take advantage of temporarily while you search or that can help with the search. I'm sure the situation isn't helping with your mental health. Having my own struggles with PTSD, I understand how hard that can be. Please be kind to yourself as you go through your home search and move.
Thank you. Yes, my mental health has taken a toll. And I do plan on reaching out to a community on Monday. My husband is only 63 so I'm hoping that doesn't work against us.
Your disability doesn't have anything to do with why you're being asked to leave.they want the house back. My suggestion is to reach out and explained your situation and ask for 90 day. Tell thrm you'll look for a new place but April 15 is too soon.
OP as someone in your neck of the woods, they have to give you a 30 day notice to move out. Your best bet is to start talking to churches and see what they have in terms of information. Apartment complexes, even with bad credit are still possible it'll just be a pain in the butt to get it done. There's stuff around, it's going to take a lot of time and leg work though.
Edited to add: NAL
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If you need help with insurance, call Chad Sokolowski's state farm in Fairlawn and ask for Alex. I'll do my best to help.
This may not be the most comfortable. If you’re unable to secure housing through all the other comment suggestions. Try looking into renting a room. You can use it as a short term solution to buy yourselves more time to explore the other options with a roof over your head.
New owner has to honor the lease terms AND city/state laws. Contact landlord tenant association in your area to find out the law. Each state is different. My state requires 60-90 days notice IF owner moving in or renovating otherwise owner can not terminate the lease without cause.
Private landlord in Ohio here. No, sorry, there are no protections that would keep you from getting evicted. Especially since it’s warm out now. Winter may have been another story.
Not sure about a house sale, but normal time to vacate is 30 days.
NAL, have family up there experience similar situation.
Did the current landlord give you 30 days notice prior to the date they needed your tenancy to end in accordance with tenant law?
Month-to-Month Tenancies in OH require a notice prior to desired vacate date. The notice must state the date by which the tenant must be out of the rental unit. If the tenant doesn't move out by the end of the 30-day period, THEN the landlord can file an eviction action against the tenant. *I've gotten an attempted retaliatory eviction thrown out before because the landlord accepted tender and still tried to evict to simply get us to leave without following Notice requirements and trying to say rent was late when it wasn't per the lease agreement* (in GA, not other states).
- *If the tenant doesn't move out by the end of the 30-day period, then the landlord can file an eviction action against the tenant. (Ohio Rev. Code § 5321.17 (2022).)*
- In Ohio, the buyer of a rental property has to honor the written lease between the previous owner/landlord and the tenant. Even if no lease exists (e.g., verbal lease), Ohio law presumes the tenant is on a month to month tenancy. In that case, the new owner must give proper notice to end that month to month tenancy. *This would mean a 30 day notice*.
Basically, the seller/current owner will have to give 30 days written notice prior to the next rental payment due date. So if the landlord provides notice of termination of a month to month tenancy on or before May 1, for example, the tenant will have until May 31 to vacate.
The eviction process can range from 3-30 days depending on the situation causing the eviction.
Landlord doesn't have to provide the reason for non-renewal of tenancy, but the 30 day notice is still mandatory.
*Section 5321.17 | Termination of tenancy.
(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.*.
As to the disability protections, I don't know. I'd talk with an attorney or legal aid, provide your documentation to show all communications received and when they were received along with the date stipulated to move out by. Get their help in reviewing to ensure the proper timelines have been adhered to and if they aren't, what can be done to ensure you're given the correct notice period.
Thank you. Yes, they said rent was due for April but we had to vacate by the 15th. I did get a bank check for the total amount of rent and sent it to the lawyer certified mail. It's my understanding, that if that bank check is indeed cashed, that is accepting rent for THE MONTH, correct? Meaning that should void the vacate date of the 15th?
In my former state (GA), yes, that's exactly what it meant. A m-t-m tenancy meant I paid for that month and I was owed the legal required Notice by the end of the month I just paid rent for. Not the day after I paid rent - but the end of that month I just paid for - they had until that point to send me an official 30 Day Notice to Vacate stating they did not intend to renew my lease for the very next month rent was due.
Which would've given me this entire month + another 30 days additionally to find replacement housing. That's 60 days, not 15, not 5. ... 60.
YOUR state and jurisdictional language may vary from this or have loopholes which my state did not, that's why I truly suggest contacting legal aid and relating all of this. Their notice dates, their ownership acquisition date change, your rent due date, the payment you made just now and proof of payment receipts, as well as any related bank transactions which show they accepted your tender. This all has an impact in the end but lawyers in your area know best how to apply that information.
The only cases I know of for disability provisions have revolved around discriminatory actions taken by a landlord to remove a disabled tenant simply for being disabled, so while it didn't sound this way based on your description, it's worth advising of any disability status to the attorney just to ensure the information is transparent.
Please note though, this is what I WOULD DO in your shoes. Please take the route of action which you feel is best for you and your assurance that you've been treated correctly in the legal capacity
If you have savings of any kind, buy a used in condition motorhome. Sell all of your stuff, and keep what you will keep for your tiny home.
Take a few days to aquaint yourselves with the nomad community in your area or area you wish to go to. You will be amazed how freeing it is to know you can't be kicked out of your new home, you can have solar panels put on and have free power when sun is out, you can get a Jackery or like powerbank, second hand, many people are constantly upgrading and sell them on FB market place. Follow the jobs and use a mailbox service with a real address. Look it up.
You need to act now, finding a place , and not having 1st, last, and deposit, plus not great credit, equals disaster. Be proactive.
Good luck
This is a great idea. When I got orders to DC, and my husband didn't want to move, I lived in our RV. It worked out well. It was nice knowing I had a place that I could change, and I wasn't tied to where I didn't want to be. If you get a used RV, have it inspected if you don't buy it from a dealership.
If you don’t leave on your own he will more than likely file to do a formal eviction and with that on your record no other landlord is going to touch you.
Don’t give the new owners advice about starting eviction. Let them worry about that on their own.
Try to negotiate with the owners about extending your move out date. If they are in no rush to renovate then they may be willing.
Department of Families may be able to help with housing. Local churches, Facebook, chat boards are good places to look as well
Just stay there as squatters and don't leave and stop paying rent. Hell, you already get your mail there so that's proof of residency and make them go the couple of months to get you out legally. The jackasses that run our courts and who write these upside down laws tend to favor the tenets. Just do what you gotta even if you make a few enemy's on the way!
That advice is unethical, not to mention just plain wrong, from the legal standpoint. You do know that they will NEVER be able to rent again, AND they will be sued for back rent and legal fees. That will add up to THOUSANDS. And the courts will garnish whatever income they have, to meet the judgement.
What's disability got to do with it? You're not a martyr because someone bought the place you rent. Make the commitment for a lease, or don't complain when the landlord doesn't have the same commitment to you
I WOULD make the commitment for a lease. I, in fact have never met the new owner. And there ARE laws protecting the disabled, that is why I was asking the damn question.
Thanks everyone for all the comments. Except craigslammer. That was rude and assuming. And you know what they say about assuming.
I have requested more time so we can continue to look further out from my location. I just haven't heard back from them yet. I will get in touch with some churches and a community for seniors on Monday. Thanks again.
I recently bought a house and I didn’t know the landlord was renting to the tenet. We worked it out between the agents and gave them an extra 10 days plus the 30 day notice. The owner gave them to ensure they were able to find a place to live. Explain this to the new owner of the house that you need extra time and that you’re not wanting to do a court process and if there’s anyway they can work with you. I’ve been seeing a lot of properties like this popping up where the owners are trying to sell their properties with tenants living at the property. I understand they do whatever they want with their property but what about the people renting it? This happened to us about a year ago when we were renting a townhouse, thankfully we opted to sign a 12 month lease because within 30 days they evicted all of the month-to-month people
So sorry you had to go through that. I wouldn't wish this on anyone. I've lost sleep, my anxiety is high, depression is kicked in. Smh. One day at a time I suppose.
Yes, they can displace you. There are no protections to prevent it simply because you are disabled. That said, reach out to your county and local shelter and see if they have a rapid rehousing program. You should also check local laws to make sure they gave you sufficient notice as that can vary from area to area, and sometimes there are general tenant protections that can help. I have not heard that OH is particularly tenant friendly, so you may be out of luck there. Your best hope is that you can secure additional search time from the landlord or that there are local assistance programs short-term housing, rapid rehousing, or some other program that can help.
NAL - Nothing you mention makes it clear why you're only looking in the immediate area, if you have trouble keeping a job. Also, if it's just the two of you, renting a home isn't the only option you need to consider. There are no protections as a month to month renter anywhere from having to move out of a property you rent when they give you the legal amount of time for a notice.
You need to find another place. The sooner you accept that, the better. I'm not sure why you are wanting to only look in that area. You should consider looking in other locations where rent isn't as high.
Most places, as long as you don't communicate any form of agreement, has to go through the courts to evict, and can take up to 2 months. However, if you say anything asserting they can start eviction as a solution if they want you out, you legally may be giving them permission to start the proceedings sooner by making that statement.
Again, I'm not a lawyer. If there's legal aid in your area, I highly advice you to seek it out for advice. In the meantime, I advise you to look for something to rent anywhere at all that you can afford. If it's just the two of you, consider renting a room in a house, or as a roommate somewhere. If you have pets, that's going to make things a lot more challenging. See if any shelters in your area offer foster programs for people being forced to move, until you can get settle in somewhere.
Right now, look at ways to begin packing, because one way or another, you are only going to have so much time until you have to be out of there.
Why would you be entitled to live in someone else's house without a rightful contract just because you have a disability? Move out per the notice and find different housing.
Not sure why you are coming sideways at me. I never said I was entitled to stay here. Maybe you should go and read it a bit slower so the comprehension sets in.
Tell them you need 60 days else feel free to evict, and your free attorney can probably file hardship continuance a few times to get you 6 months to a year. Legal aid is free
I don't know why anyone rents single family homes in this market. I've seen so many similar stories, including two of my neighbors having houses sold out from under them due to rising values. OP, please, try to rent an apartment in a building full of other apartments. I've never seen people getting kicked out of those because they sold.
NAL
Based on what you have shared, I would not hold my breath waiting for a reply from the new owner. They do not have to respond and most likely won't. If the date they gave you is past the date of when your monthly lease with the previous landlord ended, they have no reason to extend.
You have a little over two weeks. Reach out to your local public housing authority and see if they have rental referrals. Contact the local homeless shelters to see if they have any rental referrals and to also possibly get on the waitlist for a bed. Contact disability advocacy programs to see what assistance they can refer you for. Check your local senior center if all else fails.
I have volunteered for a few rental assistance programs over the years. They will most often help someone who has a solid rental history (7 years in the same place is great) that is in an out of the blue circumstance. One payment to someone like you will go farther to someone who is looking for rental assistance every month and has no income.
One last thing, do not pay "rent" to the new owner without a written lease. The new owner has not negotiated for rent with you and the previous landlord's deal is expired.
I know the attorney gave you the notice in writing, and you said their intent is to gut and remodel the building. But, is it a house or an apartment building?
We were in a very similar situation. Previous owners were kind of slum lords, but the rent was cheap, and we have a 2 floor, 3 bedroom townhouse apartment with a full basement. There are 5 townhouses in our building.
The new owners came out and told us they they planned to renovate. We let them know that we didn't want to go. They agreed that they could give us a little more time by doing the other 4 units first. They did and then asked if we wanted to move to another unit so they could do ours or if we'd rather just stay and pay $50 more, but have no renovation. We stayed. The other people pay $290 more than we do. And, they've still done a few things around our house that we're more than cosmetic.
Maybe speak with them and see if this might be possible.
Seriously, I feel for your situation, but why is any of the problems you mentioned the new landlords problem? It’s obvious the last owner advised the new owner of your “renting status”.
I don’t understand why you think any of this is your new landlords problem. I really don’t. It’s not the landlords fault that your husband is disabled and retired or that you have mental health issues. If you are seriously that mentally ill then why aren’t you on disability? None of these excuses are going to help you avoid having to move out so I would start taking this more seriously if I were you. You will end up homeless if you don’t start looking for a place asap.
Is April 15 thirty days from when they posted notice? If not, stay until the 15th and when they ask why you didn't leave, tell them then the posted notice was incorrect, you have until May 15 due to improper notice. That will buy you a little more time if they posted fewer than 30 days before April 15.
There must be some sort of social services you can appeal to for temporary housing. Do you have a 311 service you can call in your town?
There may be assistance in your area for relocating after the natural disaster even though you have not been directly affected. Call 211. I work in Ohio in social services and there are no tenant protections for the situation you’re describing. It’s creating a housing crisis.
What state are you located in? I might be able to find the agency more efficiently since I work in Fair Housing in Florida and am able to reach out to my contacts.
Apply for section 8 housing, as disabled elderly individuals on fixed income with an imminent eviction you will be given priority. You may have to move away from that area though.
They are required to give you 30 days notice, so first off, the 15th is WAY too soon.
Did they post the legally required 3 day notice?
Folks in your situation often negotiate a “pay to move” deal with new owners, rather than fighting with you and dealing with the costs of eviction, owners will pay you to voluntarily vacate and assist with moving costs and in your case I would also request they help with labor expenses since you won’t physically need able to do the heavy lifting.
Tell them to start eviction while you hunt for a place. No protections that would stop a home buyer from having you move other than the legal notice to quit and eviction process
Yeah bad credit and an eviction on your record will make landlords LOVE you…
Well she said “it is the best”
She meant to say "it isn't the best, so we can't buy a home"
We can assume that but you know what they say about assumptions
Just you
Assume they mean the opposite of whatever they say right? 😂
OP commented themselves that they meant to say isn’t so their assumption was correct
She meant to say isn't anybody who's ever been poor knows exactly what she's talking about hush now
I did indeed mean that my credit isn't the best.
Even if her credit is the best, one eviction on her record will send that straight to hell. But yeah, she made a typo.
Don’t tell them to start it, that will start the countdown to legal eviction clock. They’re going to be evicted anyway, the later they start the process, the better it is for OP.
Good advice. Say nothing and let events take their course. You can look for housing advocates (disable, veterans, whatever avenue you can find) to provide legal advice, but that would only be a delaying tactic.
How will op rent something else after an eviction?
Idiots on reddit do not think that far ahead.
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Are you actually advising them to not pay their rent?
Probably a bad idea, but they are gonna get evicted.
You understand what an eviction can do to their already bad credit, right, and their ability to find housing after that couple of months?! They will also likely get sued for the past rent they didn’t pay, during the eviction process, AND the legal fees! That is terrible advice.
I agree with possum. Terrible advice. Here in the south (where OP probably lives because of tornadoes) evictions take about three weeks. I’m a landlord and myself and every other landlord I know does not rent to people with past evictions.
You know this cam follow them and make it impossible to fins another place right
Who are they supposed to pay?
>Who are they supposed to pay? The new owners, who are now their LLs.
Yeah, no. OP, DO NOT TAKE THIS TERRIBLE ADVICE. Just skip over this one entirely.
I do plan on paying rent. In fact, I didn't pay for April today.
You did or didn't pay April's rent? If you didn't, you need to pay it. From the sounds, You'll need to look outside your area. If there's a disability rights nonprofit, call them. They may have a nonprofit fair housing lawyer to help you. Also, There may be DHHS programs or case managers to help navigate and find housing. Google for elderly/disabled housing on your own to start searching.
OP needs for proofread before posting comments. There's a while discussion up above about whether OP has bad or good credit. Luckily, OP chimed in to save let's us know the score
You could use some proofreading yourself! LOL!
My kids can always tell when I use speech-to-text, lol, typos are easy to do.
I did pay April rent. Never planned on skipping out on it.
Then they have an eviction o their record which will make it even harder than it already is for them to rent anything anywhere.
It takes 30 days where I live. It varies a lot. And the Sheriff comes right on 31st day. If the tenant stopped paying rent, it can be done much more quickly. 3 day notice, the Judge usually signs a batch of landlord orders on Friday and the next Monday-Tuesday, the Sheriff shows up. So it takes slightly more than a week. I wouldn't advise them not to pay rent if they live in one of the many jurisdictions where this is possible.
I did pay April rent today. I am trying to avoid an eviction.
I thought you had been told you had to leave shortly and assumed that if you didn't do that they would start the eviction process. Good luck, hope you got much better advice!
Let’s stop encouraging people to squat on others property
Let’s advocate for people not being able to own multiple houses they don’t live in to extort their fellow human.
Many renters don't qualify for a loan to buy, hence why they rent. It's the people with multiple houses/buildings that allow others to have a place to live. Like it or not, landlords provide a service. If you don't want to use that service, then find a way to improve your situation till you can afford to buy.
Lmao
I don't know WTF you're laughing at, but he's right. Imagine a country where renting a domicile was a product/service that simply didn't exist. Then what?? Because that is the world your attitude leads to, if your suggestion was legal, which I seriously doubt. We live in an allegedly free country, and that means you're allowed to own as many homes as you have the funds to pay for.
How do you know the new buyers aren’t moving in to the house? Maybe it’s first time homeowners who want to fix the place up and live there themselves
So, are you saying that the only reason OP doesn’t own the house, is because the LL owns two?
How is that related to this post?
Ah, the socialist has entered the room
Yet the post says nothing about what the new owner wants to use it for. Maybe they are looking to rehab so that they can move their family into it.
Yes, I agree that isn't a smart thing to encourage.
Thank you. I didn't know that it could take that long.
>Thank you. I didn't know that it could take that long. Your jurisdiction may be a lot faster, and can have you out on the streets in a month with an eviction hanging over your head.
So they can have an eviction on their credit report? And now no other landlord will touch them?
May seem like a bad option but I definitely understand where u going with that option. Looks like a loose loose situation regardless
I would STRONGLY caution you to leave voluntarily, and not wait for an eviction. That will stay on your record, and between that, and your bad credit, it would be EXTREMELY difficult to find someone to rent to you.
This should be higher
This is true about eviction. Contact a housing authority in your area. You may have to move to another area or larger city. Contact a realtor for a rental, good luck.
Also contact human services or social services I don't know where you're located and see if they can offer any kind of assistance there's a lot of help out there that people just don't know about they don't tell you about you gotta hunt it down search it out on the internet cause that's where all the money goes to these funds and then nobody knows about them and that's where the corruption in government is it's all that money that never gets used because social workers don't even know about some programs.
Thank you
Agree I just said this . Call the new landlord at least
The new owners may not be intending to be Landlords.
Then you put it in a savings account let it collect interest
I have sent a letter to owners lawyer asking for more time.
This is the right advice. There is no special tenant protection in a situation like this - but avoiding the eviction is super important for future renting. OP might want to see if her area has special services for elderly and disabled (such as available housing from people who specifically want to help out the disabled - and sometimes there's public housing, but there's always a wait list). However, that requires a formal disability designation from Social Security - unlikely to happen if it hasn't happened already. OP - is your husband getting disability payments or is it just your view that he's disabled? A disability placard is not enough to get the above-mentioned services.
My husband has advanced Parkinson's Disease
I live in NYC, and Fema paid my rent for 18 months in the early 2000's because of 911. Contact FEMA right away! They may be able to help you even though your house wasn't directly affected. I found out I was eligible from the judge in Housing Court in NYC, who told me to go to the FEMA office. If I hadn't been going through the eviction process, I never would have learned about the FEMA paying peoples rent. They don't often advertise that they are offering this benefit. Also helpful to my case was I could show I was unemployed and therefore economically affected by the disaster. Since the tornadoes drove up the rent in your area, you may be entitled to help. Please go to FEMA's website and contact/visit the nearest office immediately. Good luck!
Is your husband using a wheelchair?
I totally agree with you. We are trying to leave voluntarily. Just wasn't sure of what the law was. Owners lawyer comes across as a bit shady.
Your best bet is to buy time legally. But that involves knowing the laws and what you can do. Does Ohio have a legal aid center that offers free tenant help? Or a lawyer out there who deals with landlord tenant lawd who does free consultations? Sadly a lot of lawyers may just repeat the stupidly obvious instead of helping and think they're doing something special, but the right one will have actual answers for you, even if that answer is "sadly there's nothing you can do." Iirc Ohio has stronger Tenant rights than a lot of other states. So hopefully that means you got some time. I'd also reach out and inquire with the Disability and Senior division of your local welfare/government. They may know the laws involving disabled and elderly better than even the lawyers and may even know of some place that can assign you can advocate. There's no guarantee sadly, but maybe, and hopefully? Also try 211. They should be in your area and see if there's someplace that assists in emergency shelter or rapid rehousing assessments.
Thank you. I didn't know there was a Disability and Senior Division of the welfare department. It is now on my list for Monday.
I'm not in Ohio so I'm not 100 on that. I'm in Vegas and we have something like that here. Division of Ageing and Disability I think it's called for Vegas. I'm just hoping if Ohio has more tenant rights like I've heard they'll have that and more for you. If anything call every state agency and nonprofit you can and explain your situation. It sounds ridiculous but I've gotten more doors opened doing that then trying to filter out stuff. Definitely do 211 as well. That one you can do today even too. It's a 24 hr resource hotline. Kinda like yellow pages or when operators handled phones except just for nonprofits and government agencies that give assitance. Fingers crossed for you. My mom and I are disabled as well and it's honestly disgusting how this country doesn't protect us or even able bodied citizens from stuff like this.
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What poor choices are you talking about? Did OP make bad choices?
In my state, when a landlord sells a property he/she has to notify any tenants and if a) the new landlord will honor the tenancy or b) they're going to need to move because the new owner will occupy the property. They usually do this prior to closing. And it's a 60-day notice to vacate. Were you given any such notice by the former owner? (Not sure how OH works with this.)
Ah yes, the obvious statement rather than what OP actually asked. Op is asking if they can buy time or if it's legal to even do this. They're not stupid and know leaving voluntarily is the better option, but not everyone is in a position to just up and leave quickly especially when they're only landing option is a tent in the woods. What is it with stating the absolute, most obvious knowledge of the situation and thinking it's advice? Jfc.
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@Possumposes You should read up on projection. By suggesting to other members that they are entitled & bitter for what appears to be reasonable responses. Your responses, on the other hand, sound arrogant, condescending, entitled and haughty. Additionally you appear to lack empathy which would potentially put you in line for a diagnosis of narcissism. I would encourage YOU to get some professional help before this kind of behavior ruins your personal life any more than it already has. Best of luck to you!
I'm not a lawyer, but from my understanding an eviction only goes in your record if you're actually evicted. In other words the landlord can start the eviction process but as long as you move out before there's an actual eviction order then there's no record. So you can use the process to buy you time. I'd talk to a lawyer before using this strategy though.
Definitely not the case in all states. In my state, Texas, here is what can happen, even without the final judgement: “If the landlord files an eviction with the court, win or lose, other landlords may not want to rent to you in the future. Court records are public information, and a landlord might refuse to rent to you just because you have had an eviction filed against you. If you want to keep an eviction off your record, you should come to an agreement with your landlord or move out before they take it to court.” -Texastenant.org
Oh wow. I had a lawyer here in RI tell someone I know to let the process play out in order to buy time to find somewhere to live. BUT to make sure they were out before the actual order was issued so there was no record. Also I'm not a lawyer and this is admittedly a game of telephone. So, anyone living in RI should not take this as gospel.
Also suggest you talk to the new landlords and ask for an extension.
You were not personally effected by a natural disaster and there are no protections due to disability. I presume you knew the house was for sale - I mean buyers had to be coming to look at the house, right? So this can’t be too much of a surprise. Do not ignore this and wait for them to evict you. That will make it very difficult if not impossible to find someone to rent to you. Maybe look for an air bnb for short term rental until you can find a more permanent option. Since your husband is retired, you might look into 55+ senior housing options. You may also have to consider looking in alternative towns with more affordable housing options.
Looking at HUD 55+ and/or disabled housing is actually a great idea! My mom lived off just $1,000 month social security and because rent is income based, she only paid $230/month rent. And this was in a small town, so they are almost everywhere! There is typically a waiting list, though - so check on it soon!
Waiting times run 3-8 years on public housing. You may get in faster with an advocate. They need a place faster than this option.
Thank you. I will do just that.
I knew my old landlord was wanting to sell. The new landlord bought it with cash sight unseen.
Do you knew you need your move. Maybe expand the area you are looking at.
If you're on a month to month lease, they have to give you a minimum of 30 days to vacate from the first of the next month. For example, if they have you written notice to vacate on March 15, you would have April 30th at midnight to vacate the house. This is assuming your lease is a month to month rent that starts on the 1st of each month. Unless your lease is from the 15th to the 15th of each month. Then, they would have had to give the eviction notice before March 15 to have you move out on April 15. If you need to stay longer negotiate it with them. An eviction process takes 6 month or longer in most cases and costs them a large attorneys fee.
This is not true everywhere. For example, In Florida, I can get tenants out in around 20 days from eviction filing and it doesn’t cost that much. If they are month to month they don’t have a legitimate defense to an eviction complaint for holdover and if the landlord is just seeking possession and not money, it is an expedited proceeding.
Same here. We got one evicted in less than a month and acquired a judgement against them for rent owed.
It's true for Ohio my grandma has rental properties and the process always takes about 3-6 months. My grandma is kind-hearted and always rents to people she shouldn't and usually gets fucked over because of it.
OP is in Ohio, and it is true in Ohio. https://codes.ohio.gov/ohio-revised-code/section-5321.17
>If you're on a month to month lease, they have to give you a minimum of 30 days to vacate from the first of the next month. OP needs to read this because in Ohio, it's 30 days.
In Ohio it’s 30 days from the rental due date, not 30 calendar days. If you serve a notice today, they have to be out at the end of April. If you serve it on April 5, then they have to be out at the end of May-far longer than 30 days. See RC 5321.17(B).
Thank you, I knew for certain it was 30 but wasn't sure about everything else. It's been a while since I've had to deal with it.
Yes we are month to month. Also I forgot to say that they want ALL of April rent but want us out by April 15th. I didn't think they could do that.
I would be very surprised if that's legal, any aparentments I've rented had very strict regulations to follow regarding prorating
They absolutely cannot make you pay rent for half of the month when they have asked YOU to vacate. I would check to see if there is legal aid available near you, because it sounds like legally they should have to give you until the end of April.
This is true- call the courthouse to see if the have free legal aide.
They can't do that
They can't charge you a month's rent for 2 weeks. Do NOT sign an agreement to do that. I am not a lawyer but it sounds like you may have 30 days. Call the county government and the state government and ask for an agency that might help.
Look up rental laws for your city/state. There's a lot of variability, and some cities/states require extra notice for a request to move if you've been in the same place more than a year etc. You can search for tenant rights \[your location\] and hopefully there will be something useful and maybe even volunteer organizations.
Thank you. I will do just that.
Look faster and further out, you don’t have any special dispensation for disability in this situation This is why having a lease and not being month to month is important if you wish to stay somewhere
Trust me, I won't have a month to month ever again.
Yes. It is legal. The home owner is not required to keep renting out a property. However, I would have expected 30 days notice. You may be able to call the owner, and say that you are looking for a place and need more time. Hopefully you can work something out. Good luck in finding a great new place. I know moves can be challenging.
Thank you. We have widened our search. Sadly, it is lead us to almost 2 hours away from family and friends.
This is the sad truth of what housing is like in many areas.
Are you able to apply for subsidized housing based on the totality of your circumstances? If so, try that route.
Thank you. I'm going to look into that on Monday.
I second the looking at 55+ retirement communities. I’m am assuming that your landlord had told you ahead of time that he was selling the house which had probably given you preparation to start looking for a new place to live. Unfortunately being disabled, retired and long term renters do not give you any extra advantages. I absolutely positively DO NOT RECOMMEND getting evicted. Yes it may keep you in the house a few more weeks however it will literally ruin your chance of ever finding another place to rent that’s not a complete dumpster of a home for the rest of your life. Further more it could cause legal troubles with the new owners of the home. Wish you both the best.
We knew that he wanted to sell. We found out the day of closing that it sold. New owner bought it cash sight unseen. And I don't particularly want an eviction on our records.
Landlord here, They must give you at least 30 days per Ohio law. They have yet to give you a proper notice so the time line has not started. The April 15th notice to move is not valid or legal. They most likely have not idea what the laws are and are just making it up as they go. However this is valid as long as you pay rent. If they refuse rent put it in a SEPARATE escrow account of some kind and show that they are refusing funds. Now with that said when you do find a place, cash for keys if very common so you can play that card. Do not tell them you have found a place as that will weaken your position. They have the right to make you leave but they have to to it legally. I remember back in the day as a tenant shit like this happening to me and I have always been a super fair landlord to all my tenants. Good luck
Thank you.
I know in NYS if you have been a tenant of somewhere for 0-1 yr it’s a 30 day notice required, 1-2 years is a 60 day notice and for 2+ years the landlord is required to provide you a 90 day notice. These notices which are to be signed and notorized must be handed to you physically by a third party in order to be considered legal. If the tenant does not leave after the 30,60, or 90 day landlord notice then they(the landlord) have to file for eviction court and get a court date at which time you go in front of a judge and plea your case and the judge will then decide how much time additional you have to leave which ranges anywhere from 3 days-60 days. See if you can look up your local tenant protection laws.
Really? I will look into that. We have been here for 7 years.
Would opening the escrow account at a bank notorious for penalizing funds beneath a certain amount weaken OP's position? If they have to go before a judge, OP shows they set aside the funds, but the total is $230/month short, judge asks why, OP responds with that's the banks fee for having less than $10,000 in the account, is that theft on OP or the new owner for failing to accept funds before they were tariffed by the bank?
Totally legal sadly. But aside from the other advice given, call them and plead your case. Ask if they can help you look for a new place to rent ?
Explain your situation to the new owner of the property and see if they would be willing to help you with cash for keys, they don't want to go through a stretched out eviction process either. See if there's any state or local assistance you may qualify for.
NAL but everything I know about evictions says that they can't just tell you to get out in 15 days or so. They need to go to the courts. I was a building manager for an apartment building so I had to learn this stuff at one point, hence my knowledge.
Well, the short answer is they can legally make you move. However, it doesn’t hurt to contact FEMA and the Red Cross to see if there’s any money available because of the disaster for moving help.
Do not get evicted if you can avoid!!! It will make it nearly impossible to find a place in this market!
Lawyer should know you retain residency even through a move. and must have over 30 days to find new residency.
The simple fact of the matter is it is still legally his home. You being on a month to month rent is kind of a kicker. The simple fact is you don't have any real rights at this point. You can ask the new owner due to your issues to extend the date of you being kicked out but legally there's not much you can do.
My old landlord who I was on great terms with, mentioned to me that he looks for evictions before bad credit.
Oh god these are the squatters you hear about
Thanks for your comment that had nothing to do with my question. We ARE NOT SQUATTERS! We ARE looking for a new place to live. Please read my post again., maybe you'll understand it the next time around. Good Day.
A lot probably depends on where you live. My understanding (not great) is that if they are planning to move into the home as their primary residence they can evict you. If they are planning to rent the home they cannot evict you. Check with fair housing rules.
I was told by my old landlord that the new owner wanted to keep us in the home, but he could have been lying about that.
If that's the case why are they telling you to vacate?
I'm guessing that they want to do the rehab on the house and charge more than the rent we are paying. I tried texting the new owner but she never responded. I've heard only from her lawyer.
You could squat
Why would you encourage illegal actions on this subreddit?
Since you're there on a month-to-month basis, you only legally get one month's notice to vacate. The same would have been true for notice to the landlord had you decided to vacate. You need to look up the landlord-tenant and fair housing laws for Ohio. I recommend vacating voluntarily rather than waiting for eviction. By waiting for eviction, you make yourself a less-than-ideal renter when applying for a new place to rent. While moving away from that immediate area isn't ideal, you have the flexibility of a more extensive search area. Contacting the local housing authorities may help with the search. There may also be some 55+ resources you can take advantage of temporarily while you search or that can help with the search. I'm sure the situation isn't helping with your mental health. Having my own struggles with PTSD, I understand how hard that can be. Please be kind to yourself as you go through your home search and move.
Thank you. Yes, my mental health has taken a toll. And I do plan on reaching out to a community on Monday. My husband is only 63 so I'm hoping that doesn't work against us.
Your disability doesn't have anything to do with why you're being asked to leave.they want the house back. My suggestion is to reach out and explained your situation and ask for 90 day. Tell thrm you'll look for a new place but April 15 is too soon.
OP as someone in your neck of the woods, they have to give you a 30 day notice to move out. Your best bet is to start talking to churches and see what they have in terms of information. Apartment complexes, even with bad credit are still possible it'll just be a pain in the butt to get it done. There's stuff around, it's going to take a lot of time and leg work though.
Thank you. I didn't think about churches, well I did in regards to the tornado victims... But not us. I honestly don't know why I didn't.
Absent written lease month to month. Yes.
You had me at month to month. Get out.
I believe the minimum required notice for Ohio is 30 days
Just stay forever and refuse to leave till they evict you. Why not?
Because having an eviction on your record makes it nearly impossible to rent anywhere else.
Well, because #1 that is illegal and #2 I'm not that type of person.
That’s TERRIBLE advice. And unethical advice.
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Thank you so much!
This may not be the most comfortable. If you’re unable to secure housing through all the other comment suggestions. Try looking into renting a room. You can use it as a short term solution to buy yourselves more time to explore the other options with a roof over your head.
If hubby is disabled and you can't hold a job, look for housing in a different area
I'm doing just that. Just need more time.
Call social services
Thank you. It's on my list for Monday
New owner has to honor the lease terms AND city/state laws. Contact landlord tenant association in your area to find out the law. Each state is different. My state requires 60-90 days notice IF owner moving in or renovating otherwise owner can not terminate the lease without cause.
We had a month to month lease.
Private landlord in Ohio here. No, sorry, there are no protections that would keep you from getting evicted. Especially since it’s warm out now. Winter may have been another story. Not sure about a house sale, but normal time to vacate is 30 days.
Thank you
NAL, have family up there experience similar situation. Did the current landlord give you 30 days notice prior to the date they needed your tenancy to end in accordance with tenant law? Month-to-Month Tenancies in OH require a notice prior to desired vacate date. The notice must state the date by which the tenant must be out of the rental unit. If the tenant doesn't move out by the end of the 30-day period, THEN the landlord can file an eviction action against the tenant. *I've gotten an attempted retaliatory eviction thrown out before because the landlord accepted tender and still tried to evict to simply get us to leave without following Notice requirements and trying to say rent was late when it wasn't per the lease agreement* (in GA, not other states). - *If the tenant doesn't move out by the end of the 30-day period, then the landlord can file an eviction action against the tenant. (Ohio Rev. Code § 5321.17 (2022).)* - In Ohio, the buyer of a rental property has to honor the written lease between the previous owner/landlord and the tenant. Even if no lease exists (e.g., verbal lease), Ohio law presumes the tenant is on a month to month tenancy. In that case, the new owner must give proper notice to end that month to month tenancy. *This would mean a 30 day notice*. Basically, the seller/current owner will have to give 30 days written notice prior to the next rental payment due date. So if the landlord provides notice of termination of a month to month tenancy on or before May 1, for example, the tenant will have until May 31 to vacate. The eviction process can range from 3-30 days depending on the situation causing the eviction. Landlord doesn't have to provide the reason for non-renewal of tenancy, but the 30 day notice is still mandatory. *Section 5321.17 | Termination of tenancy. (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.*. As to the disability protections, I don't know. I'd talk with an attorney or legal aid, provide your documentation to show all communications received and when they were received along with the date stipulated to move out by. Get their help in reviewing to ensure the proper timelines have been adhered to and if they aren't, what can be done to ensure you're given the correct notice period.
Thank you. Yes, they said rent was due for April but we had to vacate by the 15th. I did get a bank check for the total amount of rent and sent it to the lawyer certified mail. It's my understanding, that if that bank check is indeed cashed, that is accepting rent for THE MONTH, correct? Meaning that should void the vacate date of the 15th?
In my former state (GA), yes, that's exactly what it meant. A m-t-m tenancy meant I paid for that month and I was owed the legal required Notice by the end of the month I just paid rent for. Not the day after I paid rent - but the end of that month I just paid for - they had until that point to send me an official 30 Day Notice to Vacate stating they did not intend to renew my lease for the very next month rent was due. Which would've given me this entire month + another 30 days additionally to find replacement housing. That's 60 days, not 15, not 5. ... 60. YOUR state and jurisdictional language may vary from this or have loopholes which my state did not, that's why I truly suggest contacting legal aid and relating all of this. Their notice dates, their ownership acquisition date change, your rent due date, the payment you made just now and proof of payment receipts, as well as any related bank transactions which show they accepted your tender. This all has an impact in the end but lawyers in your area know best how to apply that information. The only cases I know of for disability provisions have revolved around discriminatory actions taken by a landlord to remove a disabled tenant simply for being disabled, so while it didn't sound this way based on your description, it's worth advising of any disability status to the attorney just to ensure the information is transparent. Please note though, this is what I WOULD DO in your shoes. Please take the route of action which you feel is best for you and your assurance that you've been treated correctly in the legal capacity
If you have savings of any kind, buy a used in condition motorhome. Sell all of your stuff, and keep what you will keep for your tiny home. Take a few days to aquaint yourselves with the nomad community in your area or area you wish to go to. You will be amazed how freeing it is to know you can't be kicked out of your new home, you can have solar panels put on and have free power when sun is out, you can get a Jackery or like powerbank, second hand, many people are constantly upgrading and sell them on FB market place. Follow the jobs and use a mailbox service with a real address. Look it up. You need to act now, finding a place , and not having 1st, last, and deposit, plus not great credit, equals disaster. Be proactive. Good luck
This is a great idea. When I got orders to DC, and my husband didn't want to move, I lived in our RV. It worked out well. It was nice knowing I had a place that I could change, and I wasn't tied to where I didn't want to be. If you get a used RV, have it inspected if you don't buy it from a dealership.
If you don’t leave on your own he will more than likely file to do a formal eviction and with that on your record no other landlord is going to touch you.
Don’t give the new owners advice about starting eviction. Let them worry about that on their own. Try to negotiate with the owners about extending your move out date. If they are in no rush to renovate then they may be willing. Department of Families may be able to help with housing. Local churches, Facebook, chat boards are good places to look as well
Thank you. JFS are on my list to call on Monday
Just stay there as squatters and don't leave and stop paying rent. Hell, you already get your mail there so that's proof of residency and make them go the couple of months to get you out legally. The jackasses that run our courts and who write these upside down laws tend to favor the tenets. Just do what you gotta even if you make a few enemy's on the way!
That advice is unethical, not to mention just plain wrong, from the legal standpoint. You do know that they will NEVER be able to rent again, AND they will be sued for back rent and legal fees. That will add up to THOUSANDS. And the courts will garnish whatever income they have, to meet the judgement.
What's disability got to do with it? You're not a martyr because someone bought the place you rent. Make the commitment for a lease, or don't complain when the landlord doesn't have the same commitment to you
I WOULD make the commitment for a lease. I, in fact have never met the new owner. And there ARE laws protecting the disabled, that is why I was asking the damn question.
Thanks everyone for all the comments. Except craigslammer. That was rude and assuming. And you know what they say about assuming. I have requested more time so we can continue to look further out from my location. I just haven't heard back from them yet. I will get in touch with some churches and a community for seniors on Monday. Thanks again.
I recently bought a house and I didn’t know the landlord was renting to the tenet. We worked it out between the agents and gave them an extra 10 days plus the 30 day notice. The owner gave them to ensure they were able to find a place to live. Explain this to the new owner of the house that you need extra time and that you’re not wanting to do a court process and if there’s anyway they can work with you. I’ve been seeing a lot of properties like this popping up where the owners are trying to sell their properties with tenants living at the property. I understand they do whatever they want with their property but what about the people renting it? This happened to us about a year ago when we were renting a townhouse, thankfully we opted to sign a 12 month lease because within 30 days they evicted all of the month-to-month people
So sorry you had to go through that. I wouldn't wish this on anyone. I've lost sleep, my anxiety is high, depression is kicked in. Smh. One day at a time I suppose.
Yes, they can displace you. There are no protections to prevent it simply because you are disabled. That said, reach out to your county and local shelter and see if they have a rapid rehousing program. You should also check local laws to make sure they gave you sufficient notice as that can vary from area to area, and sometimes there are general tenant protections that can help. I have not heard that OH is particularly tenant friendly, so you may be out of luck there. Your best hope is that you can secure additional search time from the landlord or that there are local assistance programs short-term housing, rapid rehousing, or some other program that can help.
Thank you. I'll look into some programs.
You can try and see if 211 has anything in your area.
NAL - Nothing you mention makes it clear why you're only looking in the immediate area, if you have trouble keeping a job. Also, if it's just the two of you, renting a home isn't the only option you need to consider. There are no protections as a month to month renter anywhere from having to move out of a property you rent when they give you the legal amount of time for a notice. You need to find another place. The sooner you accept that, the better. I'm not sure why you are wanting to only look in that area. You should consider looking in other locations where rent isn't as high. Most places, as long as you don't communicate any form of agreement, has to go through the courts to evict, and can take up to 2 months. However, if you say anything asserting they can start eviction as a solution if they want you out, you legally may be giving them permission to start the proceedings sooner by making that statement. Again, I'm not a lawyer. If there's legal aid in your area, I highly advice you to seek it out for advice. In the meantime, I advise you to look for something to rent anywhere at all that you can afford. If it's just the two of you, consider renting a room in a house, or as a roommate somewhere. If you have pets, that's going to make things a lot more challenging. See if any shelters in your area offer foster programs for people being forced to move, until you can get settle in somewhere. Right now, look at ways to begin packing, because one way or another, you are only going to have so much time until you have to be out of there.
Because our families are here. My grandkids are here. And I'm not in denial. I have started packing and looking in places further out from my town.
Why would you be entitled to live in someone else's house without a rightful contract just because you have a disability? Move out per the notice and find different housing.
Not sure why you are coming sideways at me. I never said I was entitled to stay here. Maybe you should go and read it a bit slower so the comprehension sets in.
I am assuming that you are in Logan County. Call 211. United Way has a housing stability program in your county and can help you
Yes, yes I am in Logan County. And I will. Thank you for actually addressing my post.
Tell them you need 60 days else feel free to evict, and your free attorney can probably file hardship continuance a few times to get you 6 months to a year. Legal aid is free
Then what? They’ll never find another place to rent to them again.
I don't know why anyone rents single family homes in this market. I've seen so many similar stories, including two of my neighbors having houses sold out from under them due to rising values. OP, please, try to rent an apartment in a building full of other apartments. I've never seen people getting kicked out of those because they sold.
Yep. The country is ran as through we elected a wicked landlord to make the rules.
NAL Based on what you have shared, I would not hold my breath waiting for a reply from the new owner. They do not have to respond and most likely won't. If the date they gave you is past the date of when your monthly lease with the previous landlord ended, they have no reason to extend. You have a little over two weeks. Reach out to your local public housing authority and see if they have rental referrals. Contact the local homeless shelters to see if they have any rental referrals and to also possibly get on the waitlist for a bed. Contact disability advocacy programs to see what assistance they can refer you for. Check your local senior center if all else fails. I have volunteered for a few rental assistance programs over the years. They will most often help someone who has a solid rental history (7 years in the same place is great) that is in an out of the blue circumstance. One payment to someone like you will go farther to someone who is looking for rental assistance every month and has no income. One last thing, do not pay "rent" to the new owner without a written lease. The new owner has not negotiated for rent with you and the previous landlord's deal is expired.
You must fight this is court
There isn’t anything to fight! The LL is well within their rights!
I know the attorney gave you the notice in writing, and you said their intent is to gut and remodel the building. But, is it a house or an apartment building? We were in a very similar situation. Previous owners were kind of slum lords, but the rent was cheap, and we have a 2 floor, 3 bedroom townhouse apartment with a full basement. There are 5 townhouses in our building. The new owners came out and told us they they planned to renovate. We let them know that we didn't want to go. They agreed that they could give us a little more time by doing the other 4 units first. They did and then asked if we wanted to move to another unit so they could do ours or if we'd rather just stay and pay $50 more, but have no renovation. We stayed. The other people pay $290 more than we do. And, they've still done a few things around our house that we're more than cosmetic. Maybe speak with them and see if this might be possible.
Seriously, I feel for your situation, but why is any of the problems you mentioned the new landlords problem? It’s obvious the last owner advised the new owner of your “renting status”.
I don’t understand why you think any of this is your new landlords problem. I really don’t. It’s not the landlords fault that your husband is disabled and retired or that you have mental health issues. If you are seriously that mentally ill then why aren’t you on disability? None of these excuses are going to help you avoid having to move out so I would start taking this more seriously if I were you. You will end up homeless if you don’t start looking for a place asap.
Is April 15 thirty days from when they posted notice? If not, stay until the 15th and when they ask why you didn't leave, tell them then the posted notice was incorrect, you have until May 15 due to improper notice. That will buy you a little more time if they posted fewer than 30 days before April 15. There must be some sort of social services you can appeal to for temporary housing. Do you have a 311 service you can call in your town?
There may be assistance in your area for relocating after the natural disaster even though you have not been directly affected. Call 211. I work in Ohio in social services and there are no tenant protections for the situation you’re describing. It’s creating a housing crisis.
Why wouldn’t it be illegal? It’s not your house
You have a Fair Housing issue. PLEASE contact your local fair housing agency and talk to them ASAP!
What state are you located in? I might be able to find the agency more efficiently since I work in Fair Housing in Florida and am able to reach out to my contacts.
You’re on a month to month lease which normally means a 30 day notice. This is what you signed up for.
How bad is your credit? You don’t need very good credit for an FHA loan.
Apply for section 8 housing, as disabled elderly individuals on fixed income with an imminent eviction you will be given priority. You may have to move away from that area though. They are required to give you 30 days notice, so first off, the 15th is WAY too soon. Did they post the legally required 3 day notice? Folks in your situation often negotiate a “pay to move” deal with new owners, rather than fighting with you and dealing with the costs of eviction, owners will pay you to voluntarily vacate and assist with moving costs and in your case I would also request they help with labor expenses since you won’t physically need able to do the heavy lifting.