Tenants won't leave

[Jeff Libby]

I have some tenants who stopped paying rent on time a few months back and it has only been getting worse. They are not on a lease, and just go month to month, and two months ago I told them they had two months to find a new place to live. Here in CO I only needed to give a 7 day notice. Their time has come and they haven't even packed to leave. What should I do? Oh, they also didn't pay August's rent, saying they needed the money in order to move into a different place.

[Russell Brazil]

@Jeff Libby EVICT!

[Chris K.]

Easy, start eviction proceedings. You should have started that a few days after they were late in August. 

[Jeff Libby]

I am reading about the eviction process and it says that if I get the sheriff to deliver papers then I can possibly get awarded monetary value of what they owe me as well as them moving out. But if I deliver the papers to them myself then I can't be awarded the money they owe me. Did I read that correctly?

[Amanda Davis]

Each state is different. In Ohio, it doesn't matter who serves the 3 day notice; however, the Court ( who they usually use the sheriff) or a process server has to serve the eviction complaint which you filed in the court.

I would check the website of the Court that you would file the eviction in, some Courts will provide the paperwork you will need and give you information on their website.

To make sure it is done properly, I would hire an attorney who handles evictions especially if you have never done it before. Also, if you own the property through an LLC you probably have to hire an attorney anyway ( In Ohio, even if you are the sole owner of an LLC you are not allowed to file an action without a licensed attorney because it is considered unauthorized practice of law).

[Jay Whitfield]

Read my post, newbies and season investors. posted two days ago.

[Steve Vaughan]

 @Jeff Libby you can look up your state landlord / tenant law online most likely.  If you've never done this, I'd get a real estate attorney.  It can all go back to square one if it's not done to the letter, especially the serving part.  I just had someone served today, so I know what you're going through.  Early on I hired an attorney to write me a 3-day (here in WA) where I only had to change the particulars.  Now I just go see him after the 3-day period has passed uncured.  Thankfully this is only #3 after a dozen years and dozens of units, but it's still draining!  

[Jeff Libby]

Thanks for the info. I definitely blame myself for being lenient in the beginning. I created a monster!

[Larry K.]

oh man, can I relate. like some others I hoped it would work out and they would come through. filing for eviction is your insurance policy whatever it costs. if they come through after your have filed then fine, you have options. until you file all you can do is hope they will come through. bad for you.

I think of it as running a restaurant and they just ate their food, refused the check and order again. would you stand for that?

[Bryan O.]

@Jeff Libby I would recommend getting an attorney that specializes in evictions. At this point you've dug deep enough and the lost money doing a poorly performed eviction isn't worth it. Spend the money, follow along with how the process works, then next time you'll have the knowledge to do it before it's at this point... and hopefully there won't be a next time!

Colorado is not bad for evictions, so you shouldn't have the CA-style horror stories!

[Jeff Libby]

Thanks Bryan. Do you have an attorney you recommend? I see you're nearby