Evicting a tenant. Need Help.

I have a tenant that is 3 weeks late on rent, I let it go that long because I was away from town. I've talked to her on the phone before and she said she didn't pay yet because she had no hot water in the house (later I found out this was because she didn't pay her gas bill). I go to her on the 3rd week with a Notice to Leave Premises, and she tells me she didn't pay because there are a few mold spores in a closest. She didn't tell me before because she phone ran out of minutes. Can I win this eviction case in court, and what are my rights as far as collecting the rent she owes?

Edited: 06/26/2010 at 09:22AM

Michael Rossi

Real Estate Investor · Ohio

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Icon_minipost Aug 15 '09, 09:00 AM

Yes, you WILL win this eviction in court, provided you follow the proper procedure. Mold spores, hot water, etc are not relevant. If she didn't pay the rent, she'll be evicted. Almost all of these low-life, deadbeat, scumbag tenants that must be evicted will claim that there is undone maintenance or some other nonsense. After all, you can't expect a deadbeat to accept responsibility for their refusal to pay rent!

If you haven't evicted someone before, I STRONTLY suggest that you hire an experienced eviction attorney to help you with the first one. If you don't do ALL of the paperwork right, the eviction will not succeed!

What are YOUR rights as far as collecting the rent she owes you? That's funny!!!

You can file a second cause of action (suit for damages) with the eviction. You will win and be awarded damages. You'll never collect. You have the right to be frustrated!

Good Luck,

Mike

Edited: 06/26/2010 at 09:22AM

John Chan

Real Estate Investor · Cincinnati, Ohio

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Icon_minipost Aug 16 '09, 08:55 AM

For the first time Mike, I agree with you on them being "low-life, deadbeat, scumbag tenants." After all, there is a reason why most of them are in the situation they are in.

One more question: After I wait 3 days notice after giving them the eviction notice, when I go into the court house to file the eviction, do I have bring all info such as the tenant's social security number?

Edited: 06/26/2010 at 09:23AM by John Chan

Rich Weese

Real Estate Investor · sioux falls, South Dakota

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Icon_minipost Aug 16 '09, 09:07 AM

I've never been asked for much on the tenant and certainly not a SS#. Rich.

Edited: 06/26/2010 at 09:23AM

Jon Holdman

Real Estate Investor · Denver, Colorado

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Icon_minipost Aug 16 '09, 09:15 AM

This isn't really a DIY job. Get a lawyer. If you make even a tiny mistake in forms or procedure, you're back to the start.

Edited: 06/26/2010 at 09:23AM

Jon Holdman, Flying Phoenix LLC

John Chan

Real Estate Investor · Cincinnati, Ohio

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Icon_minipost Aug 16 '09, 09:58 AM

Alright thanks guys, I'm going to get a lawyer for my first one.

Edited: 06/26/2010 at 09:23AM

Chris OToole

Real Estate Investor · Bayou Vista, Texas

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Icon_minipost Aug 16 '09, 10:37 AM

I just went through my first one. I had good luck with the clerk at the JP court, just make sure that if you ask them anything, you are asking about the FORMS and not what you should do. She walked me through the whole thing.

Second find out what day they hold the hearings and go sit through one. I made a mistake by only having the past 6 months of rent checks and the liar deadbeat claimed that he paid twice in a month 8 months ago we lost. In reality I let him slide because he had a sad sap story and I was new. I took it as a lesson to keep better records and not to ever believe some story.

Good Luck

Edited: 06/26/2010 at 09:23AM

Michael Rossi

Real Estate Investor · Ohio

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Icon_minipost Aug 16 '09, 12:54 PM

One more question: After I wait 3 days notice after giving them the eviction notice, when I go into the court house to file the eviction, do I have bring all info such as the tenant's social security number?

You will generally need their name (EXACTLY AS IT APPEARS ON THE LEASE) followed by AND ALL OTHERS! The all others accounts for the other scumbags that have moved in with the deadbeat. Your local court may require more info. My local court requires a copy of the deed; a copy of the lease; and a copy of the 3 day notice. ALL the paperwork must be right and must be served properly. If your property is owned by a LLC, then a lawyer MUST do the eviction in Ohio. Even if you own it personally, I strongly recommend that you have an experienced lawyer or landlord help you with the first one.

Good Luck,

Mike

Edited: 06/26/2010 at 09:23AM

Bill Gray

Real Estate Consultant · Tampa, Florida

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Icon_minipost Aug 19 '09, 07:53 PM

You will generally need their name (EXACTLY AS IT APPEARS ON THE LEASE) followed by AND ALL OTHERS! The all others accounts for the other scumbags that have moved in with the deadbeat.

Mike has a very good point. - ALL OTHERS -. Who knows who else is living there. In Florida there is a big problem with this. Not just rented units, but also foreclosed condos.

Keep track of all your expenses in having them evicted and your costs to ready the rental to show again.

Good luck and please post how this turns out for you.

Edited: 06/26/2010 at 09:25AM