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General Landlording & Rental Properties

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Joe Guz
  • Renter
  • buffalo, NY
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tennant problem

Joe Guz
  • Renter
  • buffalo, NY
Posted Aug 3 2008, 10:52

I have a tennant who has been late on rent the last 4 months. She has not paid me this month, called me, returned any of my 5 phone calls, never home when I go there, and I dont know what to do. I gave her a three day eviction notice on friday but I know when I go there monday she wont be there...what can I do---Ive never had this problem before

I pay utilities---Can I shut them off? I know she is going to try to screw me

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Michael Rossi
  • Real Estate Investor
  • Ohio
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Michael Rossi
  • Real Estate Investor
  • Ohio
Replied Sep 9 2007, 07:58

You have made a big mistake by allowing the tenant to be late. The day after the rent is due you should post the 3 day notice (or whatever is required in your state). When the three days are up (this can be 3 business days), then you should file the eviction with the court and evict the deadbeat.

I would strongly suggest that you contact a lawyer (who is experienced with evictions) tomorrow morning and get the eviction filed ASAP.

From now on, run your business like a business. Anyone that is late should be immediately evicted.

Mike

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Scott Ficek
  • Real Estate Agent
  • Minneapolis, MN
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Scott Ficek
  • Real Estate Agent
  • Minneapolis, MN
Replied Sep 9 2007, 09:01

Is the 3 day eviction notice an official, legal process in your state to evict someone?

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Jim Gordon
  • Residential Real Estate Agent
  • Ohio
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553
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Jim Gordon
  • Residential Real Estate Agent
  • Ohio
Replied Sep 9 2007, 16:51

Scott it is a legal requirement in Ohio and you have to use the court approved form for your area. In Butler county I know of 3 forms that are used for 3 day notice. If you use the wrong one for the court they may make you start over. By the way it is not a bad thing to take a picture of the notice posted on the door as the tenant may say you never gave it to them or posted it.

Bigjoe-- DO NOT TURN OFF THE UTILITIES. This is considered a selfhelp meathod of eviction and there can be all kinds of penalties. Get in touch with an attorney who works in evictions just to keep yourself clean. After this study what needs to be done regarding the laws in your state so you know the legal way to proceed.