Evicting Previous Tenants Upon Purchase

9 Replies

I am considering buying a duplex at the county auction in a few weeks. I went by the property today and talked to the landlord of the neighboring property. He told me that one unit is vacant and the other is occupied by a couple drug addicts. Do these tenants have to leave immediately upon my obtaining the property, or do they still have to be evicted?

Nope, the leases transfer over to the new owner (assuming there are leases). Since it's at an auction, you'll probably have a hard time finding legit leases in which case, they'd just be squatters. In any case, until YOU catch them breaking lease terms or the law, you cant just kick them out. Either cash for keys or you'll have to go through the entire eviction process.

Update: I talked with the county sheriff's office and the guy told me that when I actually take ownership I have to give the current renters 10 days to get out. He said I can even have a sheriff go with me to inform them. Then, at the 10 day mark, they'll help me make sure they leave and I'll just be responsible for moving their stuff out if they fail to do so. I guess I'm lucky to live a less renter-friendly county in Ohio!

@Lee Yoder Never heard 10-days before...we've always had to undergo formal eviction (even for squatters)...takes longer than 10-days. What was the basis for removing the tenants in 10-days?...just curious. 

http://codes.ohio.gov/orc/5321

This is the required notice: 

(A) Except as provided in division (B) or (C) of this section, a party desiring to commence an action under this chapter shall notify the adverse party to leave the premises, for the possession of which the action is about to be brought, three or more days before beginning the action, by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at the defendant's usual place of abode or at the premises from which the defendant is sought to be evicted.

Every notice given under this section by a landlord to recover residential premises shall contain the following language printed or written in a conspicuous manner: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."

(B) The service of notice pursuant to section 5313.06 of the Revised Code constitutes compliance with the notice requirement of division (A) of this section. The service of the notice required by division (C) of section 5321.17 of the Revised Code constitutes compliance with the notice requirement of division (A) of this section.

I would not listen to that sheriff if I were you. Talk to an attorney or check with some Ohio landlords/investors.

I will say this, though: I just inherited some tenants through a duplex purchase 6 months ago. I wanted them out immediately for several reasons. Ended up keeping them, thinking they deserved a shot to prove themselves, and if they messed up, I'd get rid of them. I cannot overstate how much I regret that decision. Just served a 3-day comply or quit notice today and will be filing eviction on Monday.

Thanks so much for your response Brandon. I'm only 31 so I didn't exactly need the massive print, but that's okay. Haha! I will definitely look into this more and talk with an attorney (thanks for that advice Leah). I guess my county could possibly be different, but that's unlikely. I know I want to kick them out right away because I've talked to neighbors enough to know they are not good tenants. I'll just make sure to serve them a notice ASAP and then start moving through the process immediately. 

I typed in my zip code and it looks like they don't have anyone in the area. Thanks so much for the referral though Brandon!