I have renters in one of my houses that have been jacking me around on paying the rent for the last 3 months. Well, November is still not paid and I talked with them and they keep giving me the "we'll have it next week speech." :violin: As you know, next week comes and I get no money. Its the end of the line and I'm going to start the eviction process with them. I'm going after work today to do this and was wondering if there were any last words of advice since I have never had to evict anyone. BTW, I won't be so nice in the future!
Advice---Next time don't wait so long!
I went to city hall after work to start the eviction process and was told that I have to go through a lawyer because of all the proper wording that has to be in the eviction notice. Is there anywhere that I can download and copy of something like this that I can use instead of paying a lawyer $200?
You don't say where you are but in the county that I am in there are 3 area courts and multiple municipal courts. They all require a specific 3 day notice form that varies acording to the court that you are filing in. If you don't have the right form the magistrate makes you start the whole process over from the beginning. Do it right the first time. By the way you can try to find a legal news store in your area they are normally near the court house. They can not help you fill out the form but they may be able to direct you to the correct one.
I'm in Marion Ohio. I'll do it with the attorney this time to try and learn the process. I contacted the renters this afternoon to let them know what I did and if I got the rent money tonight I would not file the 3 day notice and start the process. She said," you want to play like that huh?" :violin:
We just go to the magistrate's office and fill out the paperwork directly. Can't afford to pay a lawyer if you're evicting and losing money already. Also, not all evictions end in tenants' leaving. Sometimes it works out and they pay up.
This is Ohio you can't just go to a magistrate we don't have those. You have to post a 3 day notice on the door, you have to file the proper FED with the court. The forms are court specific not state specific. If the court does not like your form on hearing date they throw it out and you start over.
sprx don't forget to put everything you can think of on your second cause. It is collectable I did a garnisheement this year and collected 1500. Take pictures if you need proof of things, rekeying is a cost put down as much as you think of to get the property back to the condition that is was when they moved in. When you have the second cause and can't collect at least you have a court judgement that you can write off on your taxes as bad debt see an accountant about that.
we have to post notice also in S.C. but we can't garnish wages so no matter what damages you might seek, they know their paycheck is protected. By the time someone is evicted they don't care if they have a judgment against them. All you can do is have that eviction to show up on their record so iif they do ever want a nice reference no one has to rent to them. Another reason to run good credit checks and references.
States are so different. I read in the newspaper recently that in N.Y. the house is considered owned by the mortgage holder and it takes two years to foreclose but in California the mortgage holder is considered the "owner" and it doesn't take anytime to foreclose. The N.Y. owner has much more time to catch up payments, sell the house, etc. than the California owner.
I lived in Tennessee one time and made a direct payment to the owner's mailbox each month. Well, when he got his accounting messed up he just published in a ragsheet that he was foreclosing and we had to hire a lawyer to tackle that problem Luckily had the canceled checks and someone happened to see the publication. You do have to be careful.
Just an update. I posted the 3 day notice, filed the eviction, went to court and bam got them evicted. The whole deal took about 3 1/2 weeks.
When is your second cause?
I'm not familar with that term, but the setout date was the following thursday after the friday court date. (court- 12-22 , setout- 12-28) Is that what you meant? Sorry, I'm a rookie, ...................but learning fast. :groovy:
Second cause is when you go back in for monetary damages. In Oh when you file your F.E.D. the first cause is eviction the second cause is for damages. They should have given you a date at the eviction hearing check your paperwork.
great info Ohio! I appreciate it!
We usually send out a certified letter to the tenant asap soon as thier first payment is late, notifying them of thier contractual obligations and that the eviction process will start on X date if the owed money plus late fee is not recived by X date. That usually wakes them up, and if that does. Out they go :)
Everything on this post has been Ohio specific it will vary with other states. Also this is from my experiece and not to be confussed with legal advice.