Gave 3 day written notice of Eviction, now what?

Question

I have a Land Contract Tenant that I am evicting due to non-payment.  I posted the 3 day notice on his door on Friday 9/27 at 5pm.  What's my next step to get him out?

Thanks!!

JERMAINE LUCAS · Answer

Jermaine here, for the first time an attorney is the way to go and you are not evicting a regular tenant with a one year lease your tenant have a land contract.

Ps we always send notices certified mail with return notice, it avoid them saying thay were not surved

Account Closed · Answer

If you do decide to hire a lawyer the first thing, you should ask have  you ever did an eviction and show up in court. Most lawyers are good at looking at the paperwork but not good in front of a judge. Jessica if you have time go and sit in on an eviction and see how everything is done, and you will get idea of the process.

Jon Holdman · Answer

A land contract isn't a lease and a land contract buyer isn't a tenant.  I don't know exactly how the law works for a land contract, but I'm pretty sure this is not an eviction.  Might not be a full blown foreclosure like it would be for a wrap or straight owner carry, but I don't think this is a simple eviction either.  The land contract gives the buyer a stronger equitable interest than a lease.

Definitely want to see an attorney.

Jon K. · Answer

This.

It's pay now, or pay later... potentially big time. You don't want to slip up on any step of the eviction or take risks. Get a good eviction lawyer pronto and move on.

Tom Goans · Answer

Please Seek Legal and Professional Advice

Seeking legal advice from an attorney in the area where the property is located can be a wise and very economical decision considering the alternative. An attorney will assure you are abiding by the federal and state laws. It is not wise to consider any legal advice from someone who is not a licensed attorney where the property is located. Otherwise, the advice may be incorrect and cause you harm.

• Every state      has unique laws.
• Every state has unique legally acceptable legal      forms with legally acceptable legal language for that state.

The attorney will review your specific situation and then provide the best advice and options for your specific needs. The results will be legally drawn up agreements for your use.

Please do not rely on legal advice from anyone other than a lawyer you hire. Protect yourself, your investment/money, your family, and your future.

Just they way you communicate with a borrower is regulated. Your attorney will help you with this process.

Jessica Russell · Answer

Thanks guys...I think the best route is to have my Real Estate Atty handle it.  thanks for the fast advice!!!

Al Williamson · Answer

Jessica, if you're going to handle this DIY-style then you need to read your state's tenant-eviction laws for yourself. This really is one area where you need to chew your own food - we here in BP'ville should only encourage you to read for yourself.

If you don't want to hassle with it, then follow Yiv's tip and retain an attorney.

Evictions can drag out if you make a mis-step and they can get very expensive. You really need to dot you i's.

I want you to benefit from my hard-learned lessons - do the boring reading and study your state laws.

Best to you

Yiv L. · Answer

Should contact an eviction attorney immediately.

Patrick L. · Answer

Not sure about the laws in your state but here in Florida with a 3 day notice you can't count the day you posted it, holidays or weekends.  So if you posted it on the 27th the tenant would have until the end of the day on October 2nd to pay it because of the weekend in the middle.  On the 3rd you could file for an eviction.

I'm not sure of the Ohio laws on the 3 day notice but if they aren't paying or leaving at this point you need to be prepared to file with the court for an eviction and if you don't have any experience with it an attorney would be a worthwhile.  When was the rent due, Sept 1st?  If so you're probably definitely going to need to evict.