In Ohio every county has different rules. First thing I do is a 3 day-notice (required by Ohio law). This officially lets them know they are late and must pay within 3 days. If you have never done an eviction, it would be best to pay an attorney and watch what he does.
Have done several evictions in Dayton, OH. Montgomery County. If this is not your county, then I may not be able to help you. I can fax you all the papers you will need. Email at **Please See My Profile**
[addsig]
Quote:My renter is late on payment, I think I'm going to have to evict. What do I do first?blklp96,
First, talk to your tenant. If this is a long time tenant and this is your first late pay experience, there may be a very valid reason the tenant is late. Perhaps the tenant is travelling outside the country, the tenant was extremely busy and forgot, or maybe the tenant is extremely ill and unable to call for help. Knock on the door!
Second, if your first step does not resolve the issue, engage an attorney familiar with the eviction process in your area. You need to be sure that your eviction follows the procedures and provides your tenant the due process prescribed by your local landlord-tenant laws.
After the three day notice, go to your local courthouse and they can walk you through it. In Coshocton county, You file the complaint (keep it simple... grounds are non-payment of rent) It's a black and white issue, either they have a receipt... or they don't. Don't get cute and bring in all the other terrible other things they've done. The court sets a date and you go talk to Da Judge... Here comes da Judge. Coshocton costs $65.00 If you are smart you will have 2 judgement entries prepared... One, the tenant showed, one the tenant didn't show. That way, the judge can sign it and the bailiff can serve it the same day. You can have all the strong backs ready to move their stuff. After that the court should send you a second cause of action in which you specify the damages in total owed you. For the proper paperwork, a RE attorney, or a friendly realtor that specializes in property management can help. In my county, it takes 2-3 weeks.
Just to point out the differnces in counties...at least in Ohio. I Montgomery county, after I get restitution, I must hire a mover and place the evicted tenants belongings in storage...at my expense...right around $300. I have never had to pay this....their stuff just disappears. May sure after the eviction to put a no trespassing sign in the window. If they happen to come back to get something, you can have them cited. When in front of the judge, you only need to say 3 things.
1. You are the owner
2. You served the statutory 3 day notice.
3. The tenant is behind in their rent.
And hope they don't get legal aide involved...that can be a nightmare. Keep in mind each county and each state are different. That is why I would recommend an attorney for the first one....but it all depends on how cooperative the clerk of courts is.
I don't know why all the other posters think you are in Ohio. I thought you were in Colorado. Have you moved recently?
Ohio landlord-tenant laws, especially eviction procedures, are probably different from Colorado's. Even in Colorado, the procedures may vary from county to county.
My caution is do not go it alone. Get professional legal help on this one if you need to pursue eviction.
I thought the eviction process was real easy. I just used common sense. I phoned the county clerks office obtained the needed information on evictions. I went to the courthouse and file the eviction paperwork, paid my fee, I was given a court date. I appeared in court on that date and so did the tenant. The judge gave them two and half weeks to have their belongings out of the unit. The tenant moved within that set time. If I would have need the sheriff to come out and standby while I remover their belongings it would have costed me an extra $25.00. The total cost to me was $70.00 The process take about 21 days from the time that you give the tenant notice. I am in Kentucky
In Ohio every county has different rules. First thing I do is a 3 day-notice (required by Ohio law). This officially lets them know they are late and must pay within 3 days. If you have never done an eviction, it would be best to pay an attorney and watch what he does.
Have done several evictions in Dayton, OH. Montgomery County. If this is not your county, then I may not be able to help you. I can fax you all the papers you will need. Email at **Please See My Profile**
[addsig]
Quote:My renter is late on payment, I think I'm going to have to evict. What do I do first?blklp96,
First, talk to your tenant. If this is a long time tenant and this is your first late pay experience, there may be a very valid reason the tenant is late. Perhaps the tenant is travelling outside the country, the tenant was extremely busy and forgot, or maybe the tenant is extremely ill and unable to call for help. Knock on the door!
Second, if your first step does not resolve the issue, engage an attorney familiar with the eviction process in your area. You need to be sure that your eviction follows the procedures and provides your tenant the due process prescribed by your local landlord-tenant laws.
After the three day notice, go to your local courthouse and they can walk you through it. In Coshocton county, You file the complaint (keep it simple... grounds are non-payment of rent) It's a black and white issue, either they have a receipt... or they don't. Don't get cute and bring in all the other terrible other things they've done. The court sets a date and you go talk to Da Judge... Here comes da Judge. Coshocton costs $65.00 If you are smart you will have 2 judgement entries prepared... One, the tenant showed, one the tenant didn't show. That way, the judge can sign it and the bailiff can serve it the same day. You can have all the strong backs ready to move their stuff. After that the court should send you a second cause of action in which you specify the damages in total owed you. For the proper paperwork, a RE attorney, or a friendly realtor that specializes in property management can help. In my county, it takes 2-3 weeks.
Good Luck,
Shawn(OH)
Just to point out the differnces in counties...at least in Ohio. I Montgomery county, after I get restitution, I must hire a mover and place the evicted tenants belongings in storage...at my expense...right around $300. I have never had to pay this....their stuff just disappears. May sure after the eviction to put a no trespassing sign in the window. If they happen to come back to get something, you can have them cited. When in front of the judge, you only need to say 3 things.
1. You are the owner
2. You served the statutory 3 day notice.
3. The tenant is behind in their rent.
And hope they don't get legal aide involved...that can be a nightmare. Keep in mind each county and each state are different. That is why I would recommend an attorney for the first one....but it all depends on how cooperative the clerk of courts is.
blklp96,
I don't know why all the other posters think you are in Ohio. I thought you were in Colorado. Have you moved recently?
Ohio landlord-tenant laws, especially eviction procedures, are probably different from Colorado's. Even in Colorado, the procedures may vary from county to county.
My caution is do not go it alone. Get professional legal help on this one if you need to pursue eviction.
Hello Blklp96,
I thought the eviction process was real easy. I just used common sense. I phoned the county clerks office obtained the needed information on evictions. I went to the courthouse and file the eviction paperwork, paid my fee, I was given a court date. I appeared in court on that date and so did the tenant. The judge gave them two and half weeks to have their belongings out of the unit. The tenant moved within that set time. If I would have need the sheriff to come out and standby while I remover their belongings it would have costed me an extra $25.00. The total cost to me was $70.00 The process take about 21 days from the time that you give the tenant notice. I am in Kentucky