Posted by randyOH on January 29, 2005 at 22:00:50:
The next step is to file for the eviction in court. It should only cost around $80 if you do it yourself. You may hear from them after they get served by a sheriff deputy. But, regardless, just go forward with the eviction and move on.
evicting renter??? - Posted by suann
Posted by suann on January 28, 2005 at 21:24:10:
I am having problems with renter paying rent. They have not paid Jan rent, gave me the run around all month, now they will not responsed to phone calls, or answering the door. What is the procedure to getting someone out. This is in the Ohio area.
Any information would help.
Thank you,
Suann
Three-day notice - Posted by randyOH
Posted by randyOH on January 28, 2005 at 22:56:12:
My leases have a five-day grace period for paying the rent. If it is not paid by about the 10th, I serve them with a three-day notice. That usually solves the problem. But if they do not pay by that deadline, I just turn it over to my lawyer to go forward with the eviction.
If they try to pay after we have filed in court, I tell them they will have to pay my legal fees to avoid being evicted.
I don’t make phone calls about the rent. I don’t see the point. I don’t care what the reason is that they have not paid.
My policy is if you can’t pay the rent, you have to move out, period. Not negotiable. Nothing to talk about.
I also think it is very important to have a late charge in your rental agreement and to enforce that provision very strictly. When you do that, they get tired of paying those late charges very quickly. This does wonders for your collection experience.
But, of course, the most important step in the whole process is to properly screen your tenants before you rent to them.
Re: evicting renter??? - Posted by Rosendo
Posted by Rosendo on January 28, 2005 at 22:10:00:
That sucks and we’ve all been there. It’s a bit overwhelming but do NOT let up.
I’m not from Ohio and every state is different but a good start point would be to call the Sheriff’s Office or Constable or go to the county website and lookup your county eviction process.
Whatever you do. DO NOT STOP THE EVICTION PROCESS if your tenant calls and says the check is in the mail after you have begun the process.
Typically, if you get the check, put it in the bank, and it clears you have to let them stay but the eviction process varies in every county and state is different so check the laws in your area.
Good luck
Rosendo
Re: Three-day notice - Posted by suann
Posted by suann on January 29, 2005 at 19:41:40:
But what is to be done after that, I already gave a 3 day eviction notice that was a week ago. Rent was due on the 1st of Jan, they gave me the sob story for over 2 weeks, by the 24th I knew they was blowing me. So I served them a 3 day enviction notice, I have not been able to get ahold of them since. How do I get them out without costing me alot of time and money in the court?
But believe me, next I will go with your policy can’t pay rent, they are out, period. Nothing to talk about. I am sure this experience will help me not to be softy.
How do you know what a good tenent is when you screen them? I did an application and check references, even charged a application fee. They sounded good. Any good tips on that?
Thanks for taking the time to help.
Suann
Re: Three-day notice - Posted by B. Whittaker
Posted by B. Whittaker on February 03, 2005 at 19:04:42:
As for knowing a good tenant when you screen them, nobody has a perfect track record for that - for one thing, they are not going to put anything you don’t want to see on their application, nor will they put any references in it that would not give you a good recommendation for them. You ask for references to help give the impression you are thorough in your research, and you get an application for that reason also, as well as for information on them to have on file. A lawyer once told me to look at the way they take care of the vehicle they drive - your house will be taken care of the same way - not that you can go by that only, but it has actually helped. You can ask them to bring you a copy of their credit report. That has helped as well. But all you can really do is manage your property well, being strict on enforcement of the law and your local Landlord/Tenant Act. In my area, they are served with a five day notice to vacate, the day they are late. (This could be the day after your grace period if you have one). Not a day later. If they do not pay or vacate, you file court action immediately. Here, it’s called a special detainer, and you can have the tentant served by a local process server. Then there’s a hearing date set, and it’s all court process from there, different for every area, but in Arizona, it takes me two weeks from five day notice, to judgement, and the tenant usually is out once he gets that judgement order. If not, after a few more days, you can have him physically removed by a Sheriff. They have never let it get to that point.
You mentioned not wanting to spend time and expense of court proceedings, but you need to realize the cost of letting someone stay in your property who isnt’ paying rent. There is no greater cost than that.
It cost me a little over $100 to file court action, well worth every penny and every moment spent in time. You have to get your house back, it’s part of the business. Follow through and let your tenants know you are serious, not wimpy. They will walk all over you if you wimp out. By the way, although I have won judgements for past due rent, late fees and court costs, I was never able to collect from the tenant because they never have much, including much of an income. Then, on top of it, if I do a wage garnishment, they just change jobs and I have to file for garnishment all over again. So, the best you can usually do is get your house back, move on, and be very careful next time. Most importantly, you must be maticulous about enforcing your right as the property owner, and about following the law exactly as written.
B. Whittaker
Re: Three-day notice - Posted by Freddy (OK)
Posted by Freddy (OK) on January 30, 2005 at 09:15:27:
I would do a drive by first and see if they have moved out, especially if you cannot reach them since you served the 3 day notice. If they are gone, I would start getting the place ready for the next tenant and start the whole process over again.