Eviction in Cleveland - Timeline?

16 Replies | Cleveland, Ohio

I'm in the process of evicting a tenant and am suspecting my property manager is giving me the run-around and dragging their feet. I hope I'm wrong, but the timeline seems suspicious...

Everything I've read online has stated 3 weeks for court date after 3-day eviction notice, and then 3-7 days after the court date to vacate.  It should take about 5 weeks. 

Here's my timeline.

-Sept 12 - Property manager claims the eviction has been filed. 

-Oct 16th - Property manager claims this is the court date.

-Nov 6th - Property manager claims this is the move out date.

Everything I've read states 3-7 days move out after the court date.  In my instance the property manager is claiming that the court allowed a 3-week move out.  Is this common or am I paranoid? 

This article came out yesterday about this subject.  It's possible, in some states at least, for a tenant to live for free for nearly a year.

https://www.avail.co/education/articles/rental-horror-stories-renters-who-pay-late-or-dont-pay-at-all

Originally posted by @Terry Kavouras :

This article came out yesterday about this subject.  It's possible, in some states at least, for a tenant to live for free for nearly a year.

https://www.avail.co/education/articles/rental-horror-stories-renters-who-pay-late-or-dont-pay-at-all

 It was my understanding that Cleveland evictions are a little more cut and dry than Jack's story. 

Originally posted by @Austin Tam :

I'm in the process of evicting a tenant and am suspecting my property manager is giving me the run-around and dragging their feet. I hope I'm wrong, but the timeline seems suspicious...

Everything I've read online has stated 3 weeks for court date after 3-day eviction notice, and then 3-7 days after the court date to vacate.  It should take about 5 weeks. 

Here's my timeline.

-Sept 12 - Property manager claims the eviction has been filed. 

-Oct 16th - Property manager claims this is the court date.

-Nov 6th - Property manager claims this is the move out date.

Everything I've read states 3-7 days move out after the court date.  In my instance the property manager is claiming that the court allowed a 3-week move out.  Is this common or am I paranoid? 

 Typically it takes about 6-8 weeks from the time rent isn't paid until you get the property back. Sometimes things move quicker than other times. The court docket does get backed up from time to time. If it helps this is how we handle all of our evictions in Cleveland.

  1. Rent is due on the 1st.
  2. Evictions are filed on or around the 15th. (3 Day notice is issued prior to this)
  3. Court date is issued 3-4 weeks after eviction is filed with the courts.
  4. The writ of restitution (move out day) is typically 10-14 days after you win in court.
Originally posted by @Austin Tam :
Originally posted by @Terry Kavouras:

This article came out yesterday about this subject.  It's possible, in some states at least, for a tenant to live for free for nearly a year.

https://www.avail.co/education/articles/rental-horror-stories-renters-who-pay-late-or-dont-pay-at-all

 It was my understanding that Cleveland evictions are a little more cut and dry than Jack's story. 

 A simple non payment of rent eviction is fairly cut and dry. It gets a bit dicey if you don't have a written lease or it's the 1st month you've taken over as the new owner or Property Management company & you are utilizing the lease you inherited from the previous owner. I've seen several Magistrates be very sympathetic to the "I didn't know who I was supposed to pay the rent to"  excuse.

Originally posted by @James Wise :
Originally posted by @Austin Tam:

I'm in the process of evicting a tenant and am suspecting my property manager is giving me the run-around and dragging their feet. I hope I'm wrong, but the timeline seems suspicious...

Everything I've read online has stated 3 weeks for court date after 3-day eviction notice, and then 3-7 days after the court date to vacate.  It should take about 5 weeks. 

Here's my timeline.

-Sept 12 - Property manager claims the eviction has been filed. 

-Oct 16th - Property manager claims this is the court date.

-Nov 6th - Property manager claims this is the move out date.

Everything I've read states 3-7 days move out after the court date.  In my instance the property manager is claiming that the court allowed a 3-week move out.  Is this common or am I paranoid? 

 Typically it takes about 6-8 weeks from the time rent isn't paid until you get the property back. Sometimes things move quicker than other times. The court docket does get backed up from time to time. If it helps this is how we handle all of our evictions in Cleveland.

  1. Rent is due on the 1st.
  2. Evictions are filed on or around the 15th. (3 Day notice is issued prior to this)
  3. Court date is issued 3-4 weeks after eviction is filed with the courts.
  4. The writ of restitution (move out day) is typically 10-14 days after you win in court.

@James Wise My tenant didn’t pay August rent; I don’t think I have a court date yet. Could there be an issue in the process? This is in Cleveland Heights. 

Originally posted by @Miguel Nava :
Originally posted by @James Wise:
Originally posted by @Austin Tam:

I'm in the process of evicting a tenant and am suspecting my property manager is giving me the run-around and dragging their feet. I hope I'm wrong, but the timeline seems suspicious...

Everything I've read online has stated 3 weeks for court date after 3-day eviction notice, and then 3-7 days after the court date to vacate.  It should take about 5 weeks. 

Here's my timeline.

-Sept 12 - Property manager claims the eviction has been filed. 

-Oct 16th - Property manager claims this is the court date.

-Nov 6th - Property manager claims this is the move out date.

Everything I've read states 3-7 days move out after the court date.  In my instance the property manager is claiming that the court allowed a 3-week move out.  Is this common or am I paranoid? 

 Typically it takes about 6-8 weeks from the time rent isn't paid until you get the property back. Sometimes things move quicker than other times. The court docket does get backed up from time to time. If it helps this is how we handle all of our evictions in Cleveland.

  1. Rent is due on the 1st.
  2. Evictions are filed on or around the 15th. (3 Day notice is issued prior to this)
  3. Court date is issued 3-4 weeks after eviction is filed with the courts.
  4. The writ of restitution (move out day) is typically 10-14 days after you win in court.

@James Wise My tenant didn’t pay August rent; I don’t think I have a court date yet. Could there be an issue in the process? This is in Cleveland Heights. 

 Cleveland Heights is a whole separate animal. Cleveland itself, very simple. The Eviction process in Cleveland Heights takes considerably longer and is in my opinion probably the slowest & most difficult city in the Cleveland area to perform an Eviction.

Originally posted by @James Wise :
Originally posted by @Miguel Nava:
Originally posted by @James Wise:
Originally posted by @Austin Tam:

I'm in the process of evicting a tenant and am suspecting my property manager is giving me the run-around and dragging their feet. I hope I'm wrong, but the timeline seems suspicious...

Everything I've read online has stated 3 weeks for court date after 3-day eviction notice, and then 3-7 days after the court date to vacate.  It should take about 5 weeks. 

Here's my timeline.

-Sept 12 - Property manager claims the eviction has been filed. 

-Oct 16th - Property manager claims this is the court date.

-Nov 6th - Property manager claims this is the move out date.

Everything I've read states 3-7 days move out after the court date.  In my instance the property manager is claiming that the court allowed a 3-week move out.  Is this common or am I paranoid? 

 Typically it takes about 6-8 weeks from the time rent isn't paid until you get the property back. Sometimes things move quicker than other times. The court docket does get backed up from time to time. If it helps this is how we handle all of our evictions in Cleveland.

  1. Rent is due on the 1st.
  2. Evictions are filed on or around the 15th. (3 Day notice is issued prior to this)
  3. Court date is issued 3-4 weeks after eviction is filed with the courts.
  4. The writ of restitution (move out day) is typically 10-14 days after you win in court.

@James Wise My tenant didn’t pay August rent; I don’t think I have a court date yet. Could there be an issue in the process? This is in Cleveland Heights. 

 Cleveland Heights is a whole separate animal. Cleveland itself, very simple. The Eviction process in Cleveland Heights takes considerably longer and is in my opinion probably the slowest & most difficult city in the Cleveland area to perform an Eviction.

Ok. Thanks for the reply @James Wise  I guess Cleveland Heights is difficult for more than a few things. lol 

Originally posted by @Miguel Nava :
Originally posted by @James Wise:
Originally posted by @Miguel Nava:
Originally posted by @James Wise:
Originally posted by @Austin Tam:

I'm in the process of evicting a tenant and am suspecting my property manager is giving me the run-around and dragging their feet. I hope I'm wrong, but the timeline seems suspicious...

Everything I've read online has stated 3 weeks for court date after 3-day eviction notice, and then 3-7 days after the court date to vacate.  It should take about 5 weeks. 

Here's my timeline.

-Sept 12 - Property manager claims the eviction has been filed. 

-Oct 16th - Property manager claims this is the court date.

-Nov 6th - Property manager claims this is the move out date.

Everything I've read states 3-7 days move out after the court date.  In my instance the property manager is claiming that the court allowed a 3-week move out.  Is this common or am I paranoid? 

 Typically it takes about 6-8 weeks from the time rent isn't paid until you get the property back. Sometimes things move quicker than other times. The court docket does get backed up from time to time. If it helps this is how we handle all of our evictions in Cleveland.

  1. Rent is due on the 1st.
  2. Evictions are filed on or around the 15th. (3 Day notice is issued prior to this)
  3. Court date is issued 3-4 weeks after eviction is filed with the courts.
  4. The writ of restitution (move out day) is typically 10-14 days after you win in court.

@James Wise My tenant didn’t pay August rent; I don’t think I have a court date yet. Could there be an issue in the process? This is in Cleveland Heights. 

 Cleveland Heights is a whole separate animal. Cleveland itself, very simple. The Eviction process in Cleveland Heights takes considerably longer and is in my opinion probably the slowest & most difficult city in the Cleveland area to perform an Eviction.

Ok. Thanks for the reply @James Wise  I guess Cleveland Heights is difficult for more than a few things. lol 

They are slow & difficult over there but eventually they'll get it done. I've got a photo of a cop with an M16 doing an eviction for us in Cleveland Heights lol.

I'll post it when I'm at the office tomorrow.

Originally posted by @Nicole Heasley :

Following for that pic @James Wise!

Here you go. I tracked down a handful of um. As you can see they are slow but they do mean business when they eventually go out to remove the deadbea.....I mean tenants. 

I've only experienced a delay around the November and December holidays and the setback only adds a week. For the remaining months, the eviction timeframe has been as you envisioned...4-5 weeks. If your investment property is in Cleveland and not the suburbs, you're probably getting the runaround. Have you yet to request the eviction filing docs and/or receipt from your PM? 

Originally posted by @Tyrell Perry :

I've only experienced a delay around the November and December holidays and the setback only adds a week. For the remaining months, the eviction timeframe has been as you envisioned...4-5 weeks. If your investment property is in Cleveland and not the suburbs, you're probably getting the runaround. Have you yet to request the eviction filing docs and/or receipt from your PM? 

 Thanks for the confirming my suspicions. I actually thought about requesting the eviction docs, but I weighed the consequences...  Requesting the docs will just confirm the PM was lying about when the eviction was filed which doesn't necessarily do me any good. It'll just sour my relationship with them and make things awkward.  

I figure my best course of action is to learn from this and stay on top of things a little better myself. The tenant hasn't paid rent since July and that was a half payment. The eviction wasn't filed until September (allegedly). In hindsight I should've requested the eviction to be filed in July since they weren't good tenants to begin with.

Something I've learned in the past 6 months through my own experience and reading others is that Cleveland PM's do need to be micro-managed. There seems to be too many rental properties for the number of property managers to stay on top of. 

Originally posted by @Austin Tam :
Originally posted by @Tyrell Perry:

I've only experienced a delay around the November and December holidays and the setback only adds a week. For the remaining months, the eviction timeframe has been as you envisioned...4-5 weeks. If your investment property is in Cleveland and not the suburbs, you're probably getting the runaround. Have you yet to request the eviction filing docs and/or receipt from your PM? 

 Thanks for the confirming my suspicions. I actually thought about requesting the eviction docs, but I weighed the consequences...  Requesting the docs will just confirm the PM was lying about when the eviction was filed which doesn't necessarily do me any good. It'll just sour my relationship with them and make things awkward.  

I figure my best course of action is to learn from this and stay on top of things a little better myself. The tenant hasn't paid rent since July and that was a half payment. The eviction wasn't filed until September (allegedly). In hindsight I should've requested the eviction to be filed in July since they weren't good tenants to begin with.

Something I've learned in the past 6 months through my own experience and reading others is that Cleveland PM's do need to be micro-managed. There seems to be too many rental properties for the number of property managers to stay on top of. 

 Just an FYI for all reading. You would be unable to evict in July if you collected a partial payment of any kind. You'd need to turn down the partial payment or wait until the Aug rent was missed.

Originally posted by @James Wise :
Originally posted by @Austin Tam:
Originally posted by @Tyrell Perry:

I've only experienced a delay around the November and December holidays and the setback only adds a week. For the remaining months, the eviction timeframe has been as you envisioned...4-5 weeks. If your investment property is in Cleveland and not the suburbs, you're probably getting the runaround. Have you yet to request the eviction filing docs and/or receipt from your PM? 

 Thanks for the confirming my suspicions. I actually thought about requesting the eviction docs, but I weighed the consequences...  Requesting the docs will just confirm the PM was lying about when the eviction was filed which doesn't necessarily do me any good. It'll just sour my relationship with them and make things awkward.  

I figure my best course of action is to learn from this and stay on top of things a little better myself. The tenant hasn't paid rent since July and that was a half payment. The eviction wasn't filed until September (allegedly). In hindsight I should've requested the eviction to be filed in July since they weren't good tenants to begin with.

Something I've learned in the past 6 months through my own experience and reading others is that Cleveland PM's do need to be micro-managed. There seems to be too many rental properties for the number of property managers to stay on top of. 

 Just an FYI for all reading. You would be unable to evict in July if you collected a partial payment of any kind. You'd need to turn down the partial payment or wait until the Aug rent was missed.

Good to know - Thanks James.