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Old 05-31-2011, 04:26 PM
 
3 posts, read 5,607 times
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I have a tenant that the original lease was renewed every three months. In July I was at property to find large hole cut into barn in Novemeber I was at property and found MY storage building ( no in use by her) opened and unlocked. At the July incident I informed her that because of damage to property the lease was now month to month. In may I notified her that the lease would not be renewed and she was to vacate by June 1st. It is farm property an she has outside animals i agreeed to and inside dog I didnt not agree to. She is telling me she doesnt have to vacate until she finds suitable housing for her animals. She has not even begun to take donw temp fencing etc. I will be posting 3 day notice to vacate tomorrow but she is not leaving. I know this is gonna end up in court and I am alittle nervous.

ANy one familar with ohio law and care to help
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Old 05-31-2011, 04:42 PM
 
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Originally Posted by farmmom6 View Post
I know this is gonna end up in court and I am alittle nervous.
Yep, can get messy. You may not be under the Ohio Landlord Tanant Code but under the Farm/Agriculture lease laws that have similar protection for you and the tenant but has sooo much more protections for the tenat's animals. It may end up being up to a judge to decide when she must vacate and under what conditions, if they even say you can. If she;'s paying rent, they can say that damages can't be impossed until she vacates or they may see it as normal farming damages (similar to residential tenant wear & tear).

What does your lawyer or property managment company say and do they have experience in this type of thing? What about other farmers or ranchers who rent, can you get a heads up as to what can happen from them?

You need to first find out which of the laws you operate under.

Last edited by PacificFlights; 05-31-2011 at 04:53 PM..
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Old 05-31-2011, 05:29 PM
 
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I cant imagine that cutting a hole in a barn would be considered normal wear and tear. I will check the laws. I didnt rent it as a farm I rented residental it only has 5 acres and she has alpacas.
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Old 05-31-2011, 05:57 PM
 
4,919 posts, read 21,002,610 times
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Quote:
Originally Posted by farmmom6 View Post
I cant imagine that cutting a hole in a barn would be considered normal wear and tear. I will check the laws. I didnt rent it as a farm I rented residental it only has 5 acres and she has alpacas.
That's the big mistake landlords make, they use their own personal beliefs to replace what the law says. Although you can't imagine something, the law may have a different way of looking at it. As for farm/agricultural/ranch or all the terms they put on it, if over 2 acres and has farm animals (alpacas are not pets) your idea of renting it as residential may have flown right out the window. Hopefully the lease was written well enough to make it clear what it was. But leases can also have lots of stuff in it that a court says isn't valid because it didn;t follow soemthing else. I would suggest getting hold of a lawyer who know residential AND farm/agriculture or ranch leases.
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Old 05-31-2011, 06:06 PM
 
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thanks for you help I comppletely understand your point.
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