Rent not paid -it's eviction time

[Feniera]

What is the name of your state (only U.S. law)? OH

Being a new landlord (by default) I had rented to a young family with a sketchy credit history. I was trying to be gracious - and yes - I know better now. They moved in the place in December 08. Rent was late in January and February. They did pay the late fee in February after I made it clear I waived it for January only. It's now Mid March and while there have been excuses, and no rent forthcoming - they have been notified by certified letter, regular mail with COM and email that rent was LATE. A clause in my lease gives them until the 15th of the month ( today - yeah!) to pay or or I can terminate the lease at my discretion. I plan to terminate the lease and I will be posting a three day notice on the door within the next day or two.

I plan to file the initial papers myself an have my attorney present at the hearing only if it's necessary. I'm very serious about getting these folks out of my house at this point. Don't want to put up with an additonal 8 months of this.

My question is - if I receive the rent for March and the late fees should I hold on to it until the judge decides the case? I believe cashing any rent check may void the eviction procedure by accepting "future" rents. So, what is the best course of action if the rent shows up at this late date?What is the name of your state (only U.S. law)?

 

[Cvillecpm]

You should be posting your question on the MrLandlord website and ask for help from OHIO landlords who can guide you through the process.

My 2-cents is to HIRE A PROFESSIONAL PROPERTY MANAGER

 

[aabbcc]

Being a new landlord (by default) I had rented to a young family with a sketchy credit history.

They have a "sketchy credit history" because they don't pay their bills. Did you really expect to be immune from their history?

You need to address your screening skills or you will be in the same boat with your future tenants.

 

[marcdonovan]

I plan to file the initial papers myself an have my attorney present at the hearing only if it's necessary. I'm very serious about getting these folks out of my house at this point. Don't want to put up with an additonal 8 months of this.

My question is - if I receive the rent for March and the late fees should I hold on to it until the judge decides the case? I believe cashing any rent check may void the eviction procedure by accepting "future" rents. So, what is the best course of action if the rent shows up at this late date?What is the name of your state (only U.S. law)?

Dont do this yourself the first time. It will run you around $200 flat rate to have an attorney do it. Screw it up and you will lose a lot more than that in lost rent.

If you receive rent after you have filed suit, you should send it back with a note that they must pay their rent to the clerk.

 

[Feniera]

marcdonovan: Thank you for the useful advice - I have a couple of attorneys I work with and neither do not do Landlord/Tenant so I will have to look around, unless one of them is willing to take it on. It will probably be a very straightforward eviction ( famous final words ! )

aabbcc: your antagonistic answer is really NOT appreciated. This forum is to seek advice, not to be goaded and partonized by the respondants. FWIW - you did not even have the courtesy to answer my question.

Cvillecpm: I thought about hiring a professional property manager, but I inherited this property and am seriously considering donating it to charity and getting the tax deduction for it as opposed to hanging on to it. I was just trying to keep it rented until I can do so - the house needs to be in my name a year.

 

[Alaska landlord]

No need to worry about then paying all back rent. These are professional deadbeats. They may not even show. Go to court and insist on possession.

 

[Feniera]

These folks are deliquent with the March rent. It's bound to domino into April and beyond. I just want to get em out of there by mid April so hopefully I can get the place rented by June - to a responsible tenant.

 

[ecmst12]

You need to give them a pay-or-quit on the FIRST day rent is late (as in, the 2nd of the month) and proceed to court RIGHT AWAY if not paid. Giving too much leeway is asking to be taken advantage of.

 

[Pojo]

Consult an Atty you are out of your league and you did not like it when someone else tried to tell you that.

IF they come forth with the monies on Monday, since today is a weekend day, then I don't think you have a leg to stand on.

These people sound "renter" savvy and they probably know and will use every trick they know to gain a few more months out of this mess you find yourself in.

Then one last warning if you proceed with this eviction get ready to spend some money, perhaps even a lot of money, just to put the house back in condition to be lived in again, they could destroy the inside.

Those are all just things that can happen and in the end probably have little to do with a decision you make just mentioned so you are aware LL-ing ain't for the faint of heart.

Good luck

 

[Feniera]

Pojo - I am not an attorney myself and I have no problem admitting this is out of my league and procuring the services of one, I DO have a problem with antagonistic & patronizing responses, not only in this thread, but others on this site. There are a few regular respondents who seem to do nothing but respond like that.

I know it's going to cost me, not only to proceed with the eviction, but they could get vindictive. I just have to keep my fingers crossed, get em out & and deal with it.

 

[CA LL]

What is the name of your state (only U.S. law)? OH

A clause in my lease gives them until the 15th of the month

WHY?

After this mess, get yourself a good OHIO specific lease drafted by an attorney and/or association specific to YOUR area and stick to it.

Always amazes me to see people put things into leases AGAINST THEMSELVES!

The only mandatory grace periods are those mandated by your state...a few have them but many do not...I am certainly not aware of OH requiring a FIFTEEN day grace period!

 

[Ohiogal]

WHY?

After this mess, get yourself a good OHIO specific lease drafted by an attorney and/or association specific to YOUR area and stick to it.

Always amazes me to see people put things into leases AGAINST THEMSELVES!

The only mandatory grace periods are those mandated by your state...a few have them but many do not...I am certainly not aware of OH requiring a FIFTEEN day grace period!

Ohio does NOT require a fifteen day grace period. Fifteen is extremely generous.

 

[aabbcc]

aabbcc: your antagonistic answer is really NOT appreciated. This forum is to seek advice, not to be goaded and partonized by the respondants. FWIW - you did not even have the courtesy to answer my question.

If my advice is not appreciated, then don't follow it. Go find some new deadbeat tenants to replace the existing ones.

 

[Feniera]

aabbcc: Perhaps you really do give great advice but it wasn't evident in this post & it's your attitude that's not appreciated. I asked about dealing with rent money that might come in after I post a three day eviction - not for advice pointing to a lack of screening skills. You seem too eager to roast people and you didn't even answer the question! I've got a great idea - I'll brush up on my "screening" skills and you brush up on your "written comprehensions" skills, deal ?

 

[Alaska landlord]

They have a "sketchy credit history" because they don't pay their bills. Did you really expect to be immune from their history?

You need to address your screening skills or you will be in the same boat with your future tenants.

The above was sound advice. Too bad you don't appreciate the intent in which it was given. Here is another bit of unwanted advice. Never believe anything a tenant tells you about their previous landlord, or reason why their previous landlord is not giving them a referral. Always verify! Had you done so, there is a very strong probability you would not be in the pickle you are in now.