Non and Late Paying Renters Ignored 3-Day Notice to Leave, Called Code Inspector, Now City Threatens Me w/Misdemeanor/Jail Time if I Don't Fix...what to do?

Argh, rental nightmare. We rent out a small house.

Anyhow, we got new renters in April, they paid late in July and lied about when sent etc, finally paid, and then would pay, then be late, then more late, pay again, very late. We finally got fed up and applied their rent payments to significant late fees, asked them to pay back rent or face eviction. Then filed 3 day notice to leave so that we could evict. They signed for this one with return receipt around mid Dec, but I think I worded it wrong (asking for late fees as opposed to back rent). So sent another later in December, they ignored the 3 day notice (didn't accept certified), and called a code inspector from the city, who found several violations, mostly minor but still they will come with a cost in time and $ and some might be impossible (some water in basement after rain, a new basement would cost more than this small house is worth). I consider the house to be in good repair, and the violations are very annoying like bare wood around the front door, gutter pulling away, windows that won't lock open etc

I am in Ohio. Got the letter a few days ago (not certified) spelling out the violations, saying if I don't comply I could face 1st degree Misdemeanor, up to $1000 fine and up to 180 days imprisonment.

We are too soft, should have just evicted when they were first late...but anyhow...What should I do? Here are some mitigating circumstances:

Their lease is up at the start of April thank god..

I could pursue eviction on that earlier 3 day notice that they did sign for, or just hang onto it to show that they are bad renters if necessary...

I do not have a lot of money to make these fixes...in fact the house is in the process of foreclosure as we got behind on the mortgage when they were very very late with repeated payments. We're going to just let it go to foreclosure. After their lease is up we are not going to get new renters, and we're not living in the house. Water and electric will be turned off and the house will be sealed up.

So what should I do now? If I ignore this letter, surely the city will send something more stern and then file a case in court. How long could that take?

I was away for the holidays and just got this letter dated a little before xmas, giving me 30 days to make repairs so not much time left, about 10 days. I am thinking the way to go here is to ask for more time, and to make the repairs. Most of them are pretty basic and I could probably do many of them myself to at least buy time.

It seems the best course is to ask for more time, and begin making repairs and putting all that in motion. That will surely buy me some time. Come April 2, the lease will be up, and the home will no longer be occupied at all and from what I read these code violations will no longer be enforced if the home is not occupied. It looks like the foreclosure will be done by the end of 2016...

How fast does the process go, with a misdemeanor court case and all? Do they really send people to jail? We only have one rental and have no history of criminal issues or other code violations or anything at all like that...

I think that you are going to be in for a big surprise if you think that these tenants are actually going to be gone by April 2, 2016 just because the lease is up on the first. From the little you posted it appears as though they don't like to follow the lease.

I suggest that rather than call code enforcement that you go see them immediately rather than waiting for them to do something else. Before you go make a written list / game plan on what you have already fixed and plan to do to correct the other problems in a timely fashion. IMO if you call just asking for more time, they won't be as receptive to an extension as they would if you can show them some sort of progress and a realistic solution.

Hidden way down in your post "the house is in foreclosure".

So wait a second here-- when is it going to be sold on the court steps? Your not going to keep it because your so far behind? This post is missing some things of importance. Tenants probable know your in foreclosure and you aren't paying the mortage. So they have justified to themselves why they don't need to pay you-- since you're not paying why should they? Why would you repair a property that's not going to be yours much longer? What have you done with rent $ since your not paying your bills?

You also stated they were late a few times and that caused you to go into foreclosure? What you had no reserve?

Go to the house with the letter and examine what they are talking about, make a plan to fix it. Worst than paying a fine is going to jail for a house don't own any more.

Good that you reached out for support.

Now go to house, fix what you can, take pictures and document.

Use a shop vac to remove the water. Sweep clean. Photograph. Come backto check for dryness in a few days.

If you are nnearing foreclosure the tenants are opening mail that has been sent to that adrress, perhaps addressed to you, perhaps not as the address hits a hot list for services to correct or help. Huge hints to tenants.

Most likely if it's going into foreclosure - just like MYOB says the tenant found out. Most likely when the bank sent notices TO THEIR ADDRESS.

If that's true (going to foreclosure) then you need to talk to an attorney and find out what to do... this board can't really help you with that part... we can give suggestions but honestly - what are you doing?

They should have been served with a notice to pay or quit the first (or second) time they were late. It's now December (from an April situation) that you are trying to "figure out"?

CALL YOUR CODES department and EXPLAIN to them that they are being evicted. You will correct AFTER they leave but not before (BE NICE, DON'T TELL THEM THE WHOLE STORY and see where it gets you). Sometimes - they will work with you. MANY times they will expect that the tenant is behind or about to be in front of a judge. They are only doing their job.

Unfortunately - the tenant received the notice that you are going to evict and in their minds - this is how they get to stay and NOT PAY.

Basement water might be due to gutter falling off. Get the gutter fixed. Take a photo. Get water out of basement and take a photo.

Get an estimate on window replacement. Possibly the windows are just tight and can be loosened up. Let the estimator who comes out check them out. You be there. Take all this to inspector and that shows that you care about the property.

Since the heat, electricity and water are working these are not major service issues and the tenants have no right to withhold rent, I believe although one of mine did that after she ruined a window.

They probably won't want to move and many areas have leases that go to month to month now.

It would serve the tenants right if you posted their door with a condemnation notice requiring them to vacate immediately (evil grin)--after all, THEY went to the city with code violation complaints. (would love to have a camera to get the looks on their faces when they see that notice)

Seriously--post a 3-day eviction notice per your county's eviction laws and FOLLOW THROUGH---they are bullying you and you need to get them out. If you can't do this yourself--go pay an eviction atty to represent you and get them out now. If you don't, I'm afraid they will be there until the foreclosure is final--rent free--because you are not following a zero tolerance practice.

Then proceed with your BK lawyer.

no B/K lawyer. Go to the court house steps and buy it back for penny's on the dollar.

I had to give you an answer, but I waited a few days to cool down. Here in Los Angeles, a landlord will lose their eviction case against a tenant if a "Housing Violation" is found.

So my low-class tenants who can't hold a job, get drunk on a daily basis and smoke pot will lower themselves and file false complaints against me, instead of asking for a rent extension or making a deal to end the tenancy.

So instead of fixing things up to evict them, I took a stand. Since I had pictures and receipts of the unit before the tenants moved in, coupled with pictures along the way -- I felt I could prove fixing up the unit again would be a waist of my time and money.

So I had my attorney set up a meeting with "Housing", "Code Enforcement", "The Health Department" and the "General Manager's office". If the City or County refused to allow me to evict my "Tenants" without:

1) Replacing the carpet that was only 11 months old

2) Replacing the destroyed "mini-blinds"

3) Re-painting the unit with crayon drawings on the wall.

I would file a case against the City and it's various employees who over saw my case.

So the City sent a "different" inspector to my tenants unit. I had to post a 24 hour notice to enter. After the inspector viewed the unit, he reported back -- "The unit's shortcomings were caused by tenant neglect and a lack of basic housekeeping skills -- owner not at fault".

With this report the tenant knew if they contested the eviction, they would loose. So the tenants didn't show up in court and I got a default judgement.

Now when I have a tenant that is going to play games, I take pictures and document everything. Good luck.

Robert CA-- never figured any LL in CA won.

I had a case where the tenant called code people-- just for look see. He found a flex gas line going through the furnace cabinet- wasn't worn or anything but new code was it had to be hard piped.

When i went to fix it tenant refused to let me in. They did let the inspector in the second time and he rewrote the violation and gave me a court date.

When i went to court the DA called the case forward-- it was only me since the violation was on my property-- told her (DA) the tenant wouldn't let me in to fix it-- she said "that's your problem" $250.00 was the fine.

She said in 10 days the inspector would be back--- I asked how much will the fine be in 10 days $500.00.

Lucky for me the sheriff set her out before the 10 days.