Who can boil down the speediest eviction scenario in Cincinnati?

15 Replies

Who can boil down the speediest eviction scenario in Cincinnati (Hamilton County, Ohio)?

I am in my 6th month of owning three multi-family properties in Cincinnati (64 units total). Due to distance in the area, 1/3 of the units are with one management company and 2/3 with another. I inherited tenants on three differently worded leases, all a little different based on property and previous owners.

A handful of evictions have been needed on both ends. All of these were handled as per the management company and with their preferred procedure/attorney, etc.

What I am curious about is if someone can boil down the speediest (AKA -- most aggressive) eviction that could be put in place that will fly with the county court and the law. I have a slightly different interpretation from each management company and I've also seen this guide on the county site linked below. I'm not saying that I would always handle it this way, just want to get clear on fastest possible scenario if ever needed.

https://courtclerk.org/self-help-resources/landlor...

Mainly in the "confusion" of the ownership changes, In retrospect the response to non-paying tenants that need to go has been too slow and I want to rectify that in the future, by making sure we are moving as quickly as the law will allow and in the confines of the leases already in place.

Originally posted by @Michael Klinger :

Who can boil down the speediest eviction scenario in Cincinnati (Hamilton County, Ohio)?

I am in my 6th month of owning three multi-family properties in Cincinnati (64 units total). Due to distance in the area, 1/3 of the units are with one management company and 2/3 with another. I inherited tenants on three differently worded leases, all a little different based on property and previous owners.

A handful of evictions have been needed on both ends. All of these were handled as per the management company and with their preferred procedure/attorney, etc.

What I am curious about is if someone can boil down the speediest (AKA -- most aggressive) eviction that could be put in place that will fly with the county court and the law. I have a slightly different interpretation from each management company and I've also seen this guide on the county site linked below. I'm not saying that I would always handle it this way, just want to get clear on fastest possible scenario if ever needed.

https://courtclerk.org/self-help-resources/landlor...

Mainly in the "confusion" of the ownership changes, In retrospect the response to non-paying tenants that need to go has been too slow and I want to rectify that in the future, by making sure we are moving as quickly as the law will allow and in the confines of the leases already in place.

 Main there here is to connect with a real estate attorney that is familiar with cases similar to what you're describing.  PM me as I would be happy to shoot over some referrals.  

Michael,

Typical eviction in Hamilton County is $300-350 and will take around 4 weeks.  What I normally do is cash for keys. When I drop off the 3 day notice to vacate, I include a letter that offers the tenant $200 or so to leave the apartment in the next 3-4 days in lieu of an eviction on their record.  If it's for non payment of rent, the $200 will go a long way for them rather than me giving it to an attorney or Hamilton County Court.   Also, I believe that even by offering the cash, you don't become the bad guy and there is less damage to the apartment; it's just business.  

If they don't accept, here is what you are looking at:

1) 3 day notice to vacate which must be delivered by hand or through the door (not mailed)

2) On the 4th day if they are still there, my attorney files the eviction at the courthouse (my attorney charges $260 total)

3) Court date is set around 2 weeks out.

4) The person delivering the 3 day notice must show up for court, typically the magistrate rules in your favor and issues a 7 day writ.  The tenant can show up and delay the process a week if they know what they are doing.  

5) If the tenant is still there, on the 8th day (and not before then) you call the Hamilton County Sheriff to schedule a set out which is normally 2-3 days after you call.  They charge $50 for this service

6) At the time of the set out, you need to have the man power and supplies to get everything out of the apartment within 1-2 hours.  

7) The set out items must remain outside 24 hours.  After that time it's up to you to dispose of them, or face receiving a fine from the City or township.  

It's not going to be much quicker than this.  Sometimes the magistrate will order a 3 day writ for extenuating circumstances like damage to the unit, but this is rare.  If the court date is early in the week it's only going to save a day or two because of the weekend.  I have lower end units where I don't even try to go after judgments.   If the tenant can't afford $400-500 a month in rent, it's a waste of my time to try to collect.  I try everything in my power to get the tenant out without going through the court process.  

@Adam Walter thank you so much for that breakdown. I'm facing a similar situation with an inherited tenant. I'm hoping to try the cash for keys scenario first. But could you please recommend your attorney? In this particular situation, the property owner is out of the country until late September; would I be better off hiring an attorney in this instance versus representing myself? 

Thanks Very Much @Adam Walter

Yours is both an excellent reply that at the same time provides an intelligent answer in the same way I would have (If I had the answer), and is a great example of how more replies could be more beneficial here.

It has restored my confidence that there is a point to being on this site. Too often the replies are derivative, or don't indicate that the respondent has actually read the question, or knows the answer or simply regurgitates someone else's reply. "Like so-and-so said" is pretty much useless.

Too often the replies are stinky and rather than being snarky, I hold silent. Now a breath of fresh air. Thanks.

Originally posted by @Amanda Palmer :

@Adam Walter thank you so much for that breakdown. I'm facing a similar situation with an inherited tenant. I'm hoping to try the cash for keys scenario first. But could you please recommend your attorney? In this particular situation, the property owner is out of the country until late September; would I be better off hiring an attorney in this instance versus representing myself? 

You can only represent yourself if the property is deeded in your name. If the property is owned by a LLC, Corporation, etc. you must have an attorney represent you, otherwise it will be dismissed, wasting $250-$300 and 3 weeks. Sounds like in your situation, you are the acting manager or agent for the owner, which would require an attorney as well. There are 2-3 attorneys that handle 80% of the evictions in Hamilton County; one of which is Dave Donnett whom I've used the past 10+ years (you have to google his number or PM me, I got flagged). He has a couple of people who answers the phone and can answer basic questions, which is very helpful.

Originally posted by @Michael Klinger :

Thanks Very Much @Adam Walter

Yours is both an excellent reply that at the same time provides an intelligent answer in the same way I would have (If I had the answer), and is a great example of how more replies could be more beneficial here.

It has restored my confidence that there is a point to being on this site. Too often the replies are derivative, or don't indicate that the respondent has actually read the question, or knows the answer or simply regurgitates someone else's reply. "Like so-and-so said" is pretty much useless.

Too often the replies are stinky and rather than being snarky, I hold silent. Now a breath of fresh air. Thanks.

LOL, your welcome.  I'd post and reply more, but then I would have to learn how to blog, which takes time away from making money in real estate.  :)

Okay, one follow up question for @Adam Walter then I'll give it a rest... 

My management companies handle this, but nevertheless I'd like to hear a third opinion:

How does one monitor move-out in these in-between cases? If the tenant isn't cooperating or communicating, you would have to enter the apartment to determine if they have moved out. What's the process for that in the context of an eviction. What constitutes a move out for a tenant facing an eviciton but not communicating? If they've appeared to move out but left a few things behind is that a move-out? If they moved out and left only a pair of shoe laces is that a move out?

In a couple of my evictions, management indicated that the tenants pro-actively moved out ahead of the eviction, but the eviction was still run though the process and formalities.


Thanks

Originally posted by @Michael Klinger :

@Adam Walter

Okay, one follow up question ad then I'll give it a rest... 

My management companies handle this, but nevertheless I'd like to hear a third opinion:

How does one monitor move-out in these in-between cases? If the tenant isn't cooperating or communicating, you would have to enter the apartment to determine if they have moved out. What's the process for that in the context of an eviction. What constitutes a move out from someone not cooperating. If they've appeared to move out but left a few things behind is that a move-out? If they moved out and left only a pair of shoe laces is that a move out?

In a couple of my evictions, management indicatd that the tenants pro-actively moved out ahead of the eviciton, but the eviction was still run though the process and formalities.


Thanks

Yes, that is always a grey area; I hate evicting furniture.  And I'm sure your management company wants to err on the side of caution.   My attorney pretty much asks if there are clothes hanging in the closet, utilities on, fresh food in the fridge, etc.  If I think that the tenant has moved out but left some of their belongings there, I will change the locks, put a key in a lock box on the door and leave a note stating "that the property has been deemed vacated and the locks changed in order to secure the property.  If the property is not vacant, call/text within 3 days of the notice to gain access."   Sometimes they call and I give them the code to the box, and then ask what their intentions are.  Most times there is no call and then I take over the property after 3-4 days.   I manage my own properties, so I was willing to take on the risk of doing this.  I've done it many times over 10 yrs with no issues (knock on wood) and my attorney is ok with this as long as it's pretty evident that the tenant moved out; I liken it to going 5 miles over the speed limit.  

some of the neighboring counties have different rules but in general I will add that it will take about 3-4 weeks from the initial filing to get them out. There are slightly different rules for set outs in other jurisdictions in the CIncinnati area though. For example, in Clermont County you don’t need the sheriff to be there if is no breach of the peace.

The hearing only determines whether you get to evict. If you want damages it requires you to return to court a couple weeks later for a damages hearing. Like Adam says, this is almost a waste of time given the fact the tenant is often judgment proof, but sometimes there is something to recover (rare circumstances unless you have class A tenants)

Fortunately, as a whole Ohio is pretty reasonable as far as the eviction process goes and it does not take too long in the grand scheme of things. However, as Adam said, we try and avoid going to court as often as possible as using other methods to get the tenant to leave sooner

some of the neighboring counties have different rules but in general I will add that it will take about 3-4 weeks from the initial filing to get them out. There are slightly different rules for set outs in other jurisdictions in the CIncinnati area though. For example, in Clermont County you don’t need the sheriff to be there if is no breach of the peace.o

The hearing only determines whether you get to evict. If you want damages it requires you to return to court a couple weeks later for a damages hearing. Like Adam says, this is almost a waste of time given the fact the tenant is often judgment proof, but sometimes there is something to recover (rare circumstances unless you have class A tenants)

Fortunately, as a whole Ohio is pretty reasonable as far as the eviction process goes and it does not take too long in the grand scheme of things. However, as Adam said, we try and avoid going to court as often as possible as using other methods to get the tenant to leave sooner

The process can only go as fast as your paperwork.

1) Get your 3 day notice to the tenant.

2) get your 1st clause filed on the 4th day.

3) wait for your court day 

4) set them out on the day the court says you can.

Fortunately my evictions in Hamilton County have been few and far between and if you are a corp. LLC or operating under a business name you must use an attorney.

I hope this helps

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