The eviction process

Obviously, evicting a tenant is not an exciting part of real estate investing for the tenant or the owner. What follows is a description of the eviction process itself (especially as it relates to what to expect in Ohio), peppered with some of my personal comments regarding the way I normally handle evictions.

Generally, if I have not received a tenant’s rent money by the 8th or 9th of the month, I call the tenant. My leases state that the tenant has a grace period until the 5th of the month to mail the rent money without being charged any late fee. As long as the envelope is postmarked by the 5th, no late fee will be applied. Allowing 3 or 4 days (starting on the 5th) for a tenant’s payment to arrive is quite liberal and there is plenty of time to allow money to be received from the city post.

If after a call to the tenant I think we are going to have problems, I immediately give a 3-day notice to the property. A copy of the notice is made prior to delivery. The 3-day notice is posted (pasted) on the front door of the property if the tenant or other occupant is not there when it is delivered. Any tenant who reaches this point (the start of the eviction process) is informed that the 3-day notice will simply be posted as a way to protect my interests in the event that the tenant defaults on the money owed.

Attaching a 3-day notice to the tenant’s door does not adversely affect the tenant’s public record. It is not until the 3-day period is formally filed that it becomes a public record. The landlord cannot request eviction until 3 business days have passed from the time the 3-day notice was posted on the property. After the 3 business days have passed, the landlord can begin the formal eviction process. How does this start? They will take your documentation, including a copy of the 3-day notice, and file an eviction hearing. I use an attorney to process all of my evictions. Specifically, one specialized in handling evictions. Personally, I prefer to use an attorney who will try to remedy the situation with the tenant before the case is heard. You do not need to use a lawyer; You can do a lot of this yourself and save a few bucks, but I highly recommend using one. If you’ve never been to your local court system to witness eviction hearings, I highly recommend it. You will quickly get an idea of ​​what happens during these hearings and know what to expect ahead of time if you ever get to the point of processing an eviction at one of your own properties.

You can expect about two weeks to pass before your hearing is scheduled. It is important to note that I always keep the line of communication with the tenant open throughout this process. I think this is extremely important. I want the tenant to know that I don’t like going this way as much as the tenant doesn’t. It is not my goal to simply evict a tenant from the property. In fact, I go to great lengths to establish payment arrangements or even payment assistance resources with the tenant in an effort to help him recover. Yes, it can take a bit of handholding and some of your overtime, but I would say that eight out of ten tenants who go through this additional handholding will appreciate that you try to help and will ultimately pay off their overdue balances. With you. You walk a fine line here with the tenant in that he or she may be taking advantage of you too. It can be a difficult decision. Sometimes it can just come down to trusting your gut with the situation.

If a sentence is passed (in your favor) at the hearing, the judge will give you permission to put a “red tag” on the door. A red tag is just that – it is bright red and is marked with the date that the possessions will be moved off the property if the tenant has not vacated. The tenant has five days from tagging to leave the property. Generally, it will take 2-3 business days after the court hearing for this tag to be placed on the front door of your property. Once again, I keep the tenant aware of my intentions during this process. You, as the landlord, make the decisions regarding whether or not a possible transfer occurs. I mention to the tenant that I do not wish to put the property on the sidewalk yet, and if payment arrangements can be made, the disposition can be advised. You will have to make the call again here. Do you want to accept only partial payment of what is owed and try to organize a plan for paying the extra money? Or do you think the tenant just won’t make it and, in this case, will continue with the eviction process?

The last step is the dreaded start-up. It is extremely rare that you ever have to get to this point. If you go that far, frankly the tenant deserves it. I have given them every reasonable opportunity to try to remedy the situation or move out of their own accord. If the tenant has not moved out by the date stated on the red tag, you, as the landlord, have the right to request a disposition with the bailiff. Again, an eviction attorney really helps here. In Columbus, Ohio, you only have a two-hour window Monday through Friday to request and schedule a stakeout. Also, the establishment must be scheduled within ten days of the red tag, or you must request a supplemental red tag (plus money).

When disposition is requested (usually a day and time agreed upon by you and the sheriff), you are expected to have at least four people dedicated to placing furniture and belongings outside the home. You will also be asked to have garbage bags and boxes to pack your items before you take them out of the house. It will help to have good maintenance workers when you get to this point.

As you can see, evictions can be quite a lengthy process that generally takes three to four weeks to complete. That is why I think it is very important to always maintain good lines of communication with your tenant and try to be as professional as possible in handling the situation. It will be frustrating! … but try to keep an open mind about the ways you can help your tenant get through this. A good positive attitude can go a long way to making this process less stressful for both you and the tenant.

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