Eviction process in Cleveland Ohio

[bloothel]

What is the name of your state? Ohio
Hello everyone,
We have recently purchased a property in Cleveland, with a tenant occupying it.
The tenant has signed with the previous owners on a lease agreement on September 1st, 2019.
Now, unfortunately, the tenant refuses to pay rent according to the signed contract with the previous owners, nor to sign a new lease contract with us.
As we're moving toward eviction, what should we do in that case? given that we need to register the rental agreement in the city and county?
Should we register the signed contract with the previous owners? or the new one that she won't sign?
Also, is there a time period we should wait between the rental agreement is registered and the next steps (for example the 3-day notice)?

Any other tips would also be appreciated.
Thank you.

 

[Dandy Don]

Is this property a home, a condo, or an apartment building?

Did you know the resident was living there before you purchased the property?

It is doubtful that any landlord/tenant law attorney who practices in Ohio would be reading this message board.

You can look up Ohio landlord/tenant law online and see if you can get your questions answered after you have looked at the law.

It would be best for you to spend an hour with a local landlord/tenant law attorney to get a complete understanding of what your rights and obligations are.

 

[Gail in Georgia]

When a rental property is purchased with an active lease, that lease "rolls over" to the new owners and the tenant now pays the rent to the new owners. That lease remains in effect until it would normally expire or BOTH parties agree to signing a new lease.

Because your tenants refuse to pay rent in any case, they face the risk of eviction. You begin the process by reminding them they have 3 days to remedy the situation by paying owed rent. It is my understanding in your state these three days do not include weekends nor legal holidays but a quick "google" search for your county can likely answer this. Often this 3 day notice is provided by what is known as the "tack and mail" route (i.e., a letter is sent as well as a notice left on the door of the rental, often with a picture taken of such).

Many landlords simply find it easier to hire an attorney familiar with this process to handle the situation as the result is often quicker than if the landlord themselves did it.

Gail

 

[adjusterjack]

As we're moving toward eviction

"Moving toward" wastes your time, costs you money, and doesn't get you anywhere. "Doing" is what counts.

Should we register the signed contract with the previous owners?

Yes. You assumed that contract by buying the property.

Also, is there a time period we should wait between the rental agreement is registered and the next steps (for example the 3-day notice)?

No. Serve your 3 day notice in writing by handing it to the tenant with an impartial witness who can later testify to its delivery. There may be other requirements in the landlord tenant statutes:

https://law.justia.com/codes/ohio/2018/title-53/chapter-5321/

Otherwise, I agree with Gail. Have an attorney work this out for you, especially (and critically so) if you are a first time landlord.

 

[FarmerJ]

If your in the Cleveland area I imagine there are law firms in your area that specialize in evictions SO perhaps because you are a new landlord then you can hire a Law firm who does specialize in evictions and sit back , watch, even attend court that day to see what all goes on with a eviction hearing and let the attorney get tenant out while you take the time to learn all you can about it since you will end up with copies of every thing to learn from. BTW im curious did the lease copy you were given by former owner if it list a damage deposit and the deposits amount ?

 

[adjusterjack]

FarmerJ makes a good point about the security deposit because the seller should have transferred that money to you in your escrow settlement.

You are on the hook for it when the tenant moves out, whether you received it or not.

 

[not2cleverRed]

"Moving toward" wastes your time, costs you money, and doesn't get you anywhere. "Doing" is what counts.



Yes. You assumed that contract by buying the property.



No. Serve your 3 day notice in writing by handing it to the tenant with an impartial witness who can later testify to its delivery. There may be other requirements in the landlord tenant statutes:

https://law.justia.com/codes/ohio/2018/title-53/chapter-5321/

Otherwise, I agree with Gail. Have an attorney work this out for you, especially (and critically so) if you are a first time landlord.

While I understand what you are saying, OP is being genuinely truthful.

Less than 2 weeks ago, OP was saying, "We could theoretically evict her, but there is no amount of money we would do that for." Of course, that was when OP thought the issue was merely that the "sick old lady" was going to only pay $500/month rather than $900-$950. House seller forged rent documents.

I am unsure why OP refers to a rent "contract" or "agreement" rather than "lease". Apparently the deadbeat sick old lady doesn't think she has a legally binding lease.

I'm going to go out on a limb and hypothesize that the old battle-axe is cannier than OP and knows through her acquired years of wisdom how to game the system as well as garner sympathy. OP should retain a lawyer until s/he learns enough about being a landlord to handle this his/herself.

 

[adjusterjack]

Less than 2 weeks ago, OP was saying, "We could theoretically evict her, but there is no amount of money we would do that for." Of course, that was when OP thought the issue was merely that the "sick old lady" was going to only pay $500/month rather than $900-$950. House seller forged rent documents.

I completely missed that there was a previous thread on the subject.

I'm going to go out on a limb and hypothesize that the old battle-axe is cannier than OP and knows through her acquired years of wisdom how to game the system as well as garner sympathy. OP should retain a lawyer until s/he learns enough about being a landlord to handle this his/herself.

Agree there.

 

[FarmerJ]

I suspect the tenant has been a giant pain in the former LLs butt for a long time and this is just another part of history repeating itself onto a new owner (especially if tenant is refusing to pay rent) and it appears to me that this tenant is likely to try to work the LL like a _ _ _ _ _ on West Broadway. OP unless you know something for fact about landlord tenant laws in your state never assume anything and verify everything by searching your states landlord tenant laws to make sure , just like that old myth people spread over the years that buying a home could get a tenant out of a lease , nonsense !. Another myth I recall hearing years ago was landlords could not evict women with kids in winter ( in my state) No such thing (in my state) , Last 2 items now that my wake up coffee has kicked in , plan for doing a damage deposit disposition statement so as soon as you get the tenant out , what you want to note is differences in the unit between the time you bought it and the tenant vacating. ( did you takepictures to note the places condition when you bought it?) Also make sure you talk to the gas and electric company to learn how much notice they need to switch the bills to your name in order to prevent freeze up damage once the tenant is out. ( get this done now so you can be prepared)

 

[LdiJ]

What is the name of your state? Ohio
Hello everyone,
We have recently purchased a property in Cleveland, with a tenant occupying it.
The tenant has signed with the previous owners on a lease agreement on September 1st, 2019.
Now, unfortunately, the tenant refuses to pay rent according to the signed contract with the previous owners, nor to sign a new lease contract with us.
As we're moving toward eviction, what should we do in that case? given that we need to register the rental agreement in the city and county?
Should we register the signed contract with the previous owners? or the new one that she won't sign?
Also, is there a time period we should wait between the rental agreement is registered and the next steps (for example the 3-day notice)?

Any other tips would also be appreciated.
Thank you.

On your previous thread you clearly indicated that the former owners of the home had conned you into believing that the renter (elderly and sickly lady) had been paying $950.00 a month in rent when she was able to prove to you that she had only been paying $500.00 a month. You also stated that it was clear that she would never be able to pay $950.00 a month and that you would never evict her.

Of course you have the right to terminate her tenancy if she cannot pay what you believe that the rent should be or what the rent should be according to the lease that she allegedly signed in September, that was to begin October 1st. However, if she has continued to pay the $500.00 a month that she was previously paying, then perhaps it would be wiser to terminate the tenancy rather than attempting to evict her for cause.

I don't know how small claims/landlord court works in Ohio, but in My state (Indiana) the courts shut down in a couple of weeks for the holidays and won't reopen until January. Therefore, giving her notice to move out might be just as quick as trying to evict.

 

[FarmerJ]

OP keep in mind that there really are tenants out there who must be forced out via the courts. They will look you right in the eye when they tell you they understand after you have even explained to them the damage they cause to their own name when it comes to future landlords looking up their names and how UD information can be used as a reason to refuse to rent to them and they are not going to give a rats behind they will dig in their heels and make you get them out. SO prepare for the following possibility. If you file to have her evicted for not paying the amount of rent on the lease , don't be shocked if she attempts to claim in court that she didnt sign that copy of the lease and its a forgery, If she does that then you or your attorney must demand she produce a copy of the lease that says 500.00 per month and if she doesn't have the money ZERO sympathy refile based on the lower amount and don't back down. If you give one inch I will bet you are going to regret it.

 

[Ohiogal]

On your previous thread you clearly indicated that the former owners of the home had conned you into believing that the renter (elderly and sickly lady) had been paying $950.00 a month in rent when she was able to prove to you that she had only been paying $500.00 a month. You also stated that it was clear that she would never be able to pay $950.00 a month and that you would never evict her.

Of course you have the right to terminate her tenancy if she cannot pay what you believe that the rent should be or what the rent should be according to the lease that she allegedly signed in September, that was to begin October 1st. However, if she has continued to pay the $500.00 a month that she was previously paying, then perhaps it would be wiser to terminate the tenancy rather than attempting to evict her for cause.

I don't know how small claims/landlord court works in Ohio, but in My state (Indiana) the courts shut down in a couple of weeks for the holidays and won't reopen until January. Therefore, giving her notice to move out might be just as quick as trying to evict.

Cleveland small claims doesn't shut down. Ignore LD.

 

[Zigner]

I don't know how small claims/landlord court works in Ohio, but in My state (Indiana) the courts shut down in a couple of weeks for the holidays and won't reopen until January. Therefore, giving her notice to move out might be just as quick as trying to evict.

I find no evidence of extended court closures in your state. I've commented in the SMF in order to avoid any further hijack.

 

[LdiJ]

I find no evidence of extended court closures in your state. I've commented in the SMF in order to avoid any further hijack.

In my township, where I have a case pending, the small claims courts (which is where evictions are heard) close one week after Thanksgiving and remain closed until January. I would guess that my entire county is probably the same.

 

[Ohiogal]

In my township, where I have a case pending, the small claims courts (which is where evictions are heard) close one week after Thanksgiving and remain closed until January. I would guess that my entire county is probably the same.

Your township has no bearing on Cleveland which DOES NOT SHUT DOWN. So quit hijacking and quit thinking you know Ohio law.