Can Trustee of Revocable Living Trust Evict Tenant

[swrdmbo]

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

My Mother has a Revocable Living Trust which has 4 of her rental properties included in the trust.She is the Trustee.

She needs to evict a tenant from one of the properties for non-payment of rent.
In our county,if a property is owned by a corporation they must have an attorney prepare and file the eviction papers,and represent them at the hearing.

These properties are owned by my Mother.Can she just complete the papers and file them herself, since she is the owner/Trustee? There is no corporation involved.

Thanks for any advice.

 

[Wyldrush]

If you never done an eviction before it is recommended to have an attorney. If they contest or your paperwork is not right the judge will toss it and you will have to start over. Check the internet for flat rate eviction attorneys. They have many out there. Their fees are usually about $200-300 above the cost of fees.

 

[swrdmbo]

Thanks for the reply but that was not my question. I agree with your answer for most people but it does not apply in this case.The paperwork is not a problem as I have successfully done over 25 evictions in the past, and I would fill all the paperwork out for her.

It is actually quite a bit more expensive here to do that.

I am looking for the legal answer. Thanks anyway.

 

[FlyingRon]

It's her revocable trust and the properties are titled to the trust? Then yes she can do it pretty much as if she was the owner. All she does is execute the documents with her name as trustee for the trust rather than just her name.

 

[Cvillecpm]

She should use an attorney who KNOWS the state eviction law.

 

[swrdmbo]

As I said, I have done many evictions and do know the laws as it pertains to owner evictions, I just was not sure about the trust.

I had prepared the papers just as FlyingRon suggested ,It is her trust (only)and the properties are in the trust's name.But I talked with the magistrate"s office, and his clerk asked him the question for me(as I could not catch him to talk with him after 4 phone calls). She said he told her that I must have an attorney do it, as a trust is considered a "group" of people rather than an individual. My Mother is the only person of this trust as my father passed away in August, so I am thinking I maybe could have got away with it.

HOWEVER...the Magistrate is the one that hears all evictions (including the ones I do for myself) so to stay on his good side I am going to contact a real estate attorney I know to file the eviction. I do not want to get on the Magistrates bad side.

I am going to ask the attorney if I could have done the papers for my Mother and had her appear,and see what he says.

Thanks for everyone's help!

 

[swrdmbo]

I talked with a friend of mine today who is a real estate attorney and he said pretty much what Flying Ron said, so I went ahead and filed the papers myself, with my Mom present to sign the documents.

I also provided a copy of the trust, my Father's death certificate,and the deed showing the property is owned by the trust.

Wish me luck! They processed it, and i am hoping I saved my Mom the attorney fees...

Thanks Flying Ron.