Tenants Past Due With A Twist - Ohio

[kiknit]

My tenants are now 60 days past due. I gave them the benefit of the doubt on the first 30 days, which I will now never do again, and they have not paid again this month.

We are now 8 months into a 12 month contract, of which they have not paid for the last 2 months. They sent me an email asking if I would be willing to consider letting another couple take over the rent payments and live in my property until the contract expires in November...basically what sounds like a sublet.

I have not been able to get from them any kind of repayment plan for the 2 months they have not paid and my question is this: If I agree to this 'sublet' but still hold the current renters (who are on the contract) responsible, can/do I (1) go after them for the 2 months they owe me (2) still have the legal right to evict the 'sublet' renters if they do not pay on time?

Is it best for me just to evict the current tenants and start the court process to get what I am owed and leave the option to the renters who want to sublet to start a fresh contract with me? What kind of mess will I face if I agree to the 'sublet' and they dont pay.

Thanks in advance!

You should serve a 3 day unconditional quit notice immediately, then begin eviction. Serve it tomorrow. If the other people would like to rent the place, they can submit applications, go through a thorough screening process, and sign a new lease after these tenants are evicted. You can then pursue the current tenants for the rent they owe, late fees if they are in the lease, rent until the unit is re-rented, advertising fees, unpaid utilities, etc. Make sure the current tenants are personally served with the 3 day notice. Hand it to them with a witness. If personally served, you can get a judgment in the second cause of action in the eviction process. If not, sue them in small claims court later.

Do not ever let a tenant get this far behind again. Serve the 3 day within 5 days of rent not being paid on time.