How To Start Eviction in Ohio

by Ruby on January 16, 2012

in Landlord's Guide, Ohio

The eviction process can only be initiated if the tenant has violated one or more terms in the lease contract. Among others, it is the failure to pay the rent that gets the most attention these days, prompting many landlords to file unlawful detainer actions in the local court.

During the eviction process, the lease contract will support any claims of breach filed by the landlord. For example, your monthly rent and date dues are all indicated in there and that failure to comply with this may result to eviction.

Aside from nonpayment of rent, other breaches can result to eviction as well. These include but not limited to failure to pay for utility charges, hosting unauthorized occupants, having pets despite the “No pets policy,” illegal drug activities and many others. All these and more will require posting of a 3-day notice in the tenant’s premises.

If you are looking for a three day eviction notice, you can find one here. Download Ohio 3 Day Eviction Notice Sample Form

In the event of nonpayment of rent, the landlord is required to post a 3-Day Notice. He/she can choose to accept payment after the notice has been posted. If the payment is accepted, it is understood that the eviction process is no longer an option. However, if the landlord wishes to evict the tenant, he/she can refuse any payment and proceed with the lawsuit. This will all depend with the landlord’s decision.

Tenant Obligations in the State of Ohio

The Ohio Revised Code section 5321.04 lists the what sort of things tenants are expected to comply. You can visit the link provide should you need more detailed information on this at http://www.ohiolandlordtenant.com/revised.html#5321.05

In general, you expect your tenant to:

  • Keep the place clean, sanitized and safe not only for him but for the other tenants as well
  • Proper disposal of garbage and waste materials
  • Proper use and operation of electrical appliance and/or equipment
  • Observance and compliance of all health, housing and safety requirements imposed by the state and local housing authorities
  • Not to destroy, deface or damage any areas of the premises
  • Proper use of appliance provided by the landlord from washer, refrigerator to dishwasher
  • Co-exists peacefully with the neighbors by not disturbing them

Most landlords, if not all, will stop the eviction process before it even kicks off as long as they see the intent to pay or correct the mistakes from the tenant. Eviction is a time-consuming process and no one really wants to be in that position. If you received a 3-day eviction notice, talk to your landlord and work out a plan immediately.

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The Truth Behind 20-Minute Immediate Eviction With No Notice

by Ruby on December 30, 2011

in Nevada, Tenant's Guide

There has been a lot of talk about 20-minute immediate eviction. In fact, you may have overheard it at your local cafeteria or people talking how their grandparents or co-workers were evicted almost instantly. Is there a truth behind this or just another “urban legend” to scare people off. We’ll find out in a bit.

I Goggled 20-minute immediate eviction and it turns out that it’s real. In fact, it happens a lot across the country. The U.S. depression has escalated the removal of people from their houses. Factors such as foreclosures, loss of jobs and the lack of government support all contributed to make the situation even worse.

I’ve read a report from Vanguard about the state of the local economy in Nevada. It says that the boom years attracted thousands of people to move into the place and do business. Unfortunately, when the economy started to collapse, the very same number of people started to move out to find a greener pasture, so to speak. Eviction from rented properties and foreclosed homes were common.

An immediate eviction was considered to be the worst of them all. It happens when renters are evicted without advance notice because the previous homeowner didn’t tell them that the unit has already been foreclosed or the bank owner has failed to inform them and that the sheriff in-charge in posting the notice didn’t do his job of announcing the forthcoming eviction.

Anyone caught in this dilemma will practically have 20 minutes to move out all their belongings before all the locks are changed. After which, the sheriff would move to the next eviction site and so forth. People, on the average, are only given 30 minutes to get their stuff out, with no prior notice!

Personally, I would consider this as a theft, plain and simple. The negligence of the homeowner to inform their renters of the incoming eviction is as cruel as the banks who do not care about people losing their homes in minutes!

Immediate eviction is the cruel and immoral way of the local government to carry out a “legal” theft from people who have lost their jobs, their future and have no where to go. The very same people who cannot afford to pay for legal assistance or any kind of representation with that respect.

Renters therefore must be aware that 20-minute immediate eviction is for real. Ask your landlord about the property or your local county sheriff if there is an eviction notice not posted. Protect yourself and your family against cold and indifferent landlords by being informed.

Source:

  • http://www.foreclosurefish.com/blog/index.php?id=796

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Landlord’s Guide for Residential Eviction of a Non Paying Tenant in Michigan

by Ruby on December 25, 2011

in Landlord's Guide, Michigan

If you need more information about Michigan Eviction, please read the Michigan Landlord Tenant Act. The guidelines below will show you what documents to prepare in order to carry out a simple eviction case for a non-paying tenant.

Step 1: Prepare and Send a 7-Day Notice

A Demand for Possession Nonpayment of Rent is needed before you can file a formal complaint. This will give your tenant seven (7) business days (exclude Saturday, Sunday and legal holidays) after receiving the notice to comply. After which, you can proceed to file a Complaint for Eviction if the tenant refuses to abide.

Step 2: Complaint & Summons

File your Complaint and prepare copies of the said document for your tenant with the Clerk. The Court must receive a copy of the 7-Day Notice plus the lease agreement if available. Each copy of Complaint must contain a copy of the notice and lease too. The Complaint must be duly signed in the presence of deputy clerk or have it notarized.

There are corresponding fees when filing an Eviction Complaint. All fees payable to the Clerk of Court and the amount depends on your county, number of tenants or if there is a money judgment involved. Cash or personal checks are typically accepted at $50 the least. Proper identification papers are also required when filing.

Issuance of Summons: A request to be present (Summons) is issued after the Complaint has been filed and all associated fees paid. The tenant will receive a copy of the Complaint, the 7-Day Notice and lease (if available). A Deputy Sheriff or a process server will handle the service on your behalf. The fee for the service is usually $30 per tenant. In case you have a process server’s name in mind, give the name to the Clerk. If you opt to use a private process server, you are probably going to pay the fees directly to them. Also, ask the clerk who does the mailing of the copy of the document to the tenant. It could be you or the Clerk, depending on the court.

In case the tenant or no one is available to receive the summons, it can be conspicuously posted on the tenant’s premises.

If there is Money Judgment involved: If you think that your tenant owes you money, Michigan law allows you to collect this amount alongside with your eviction case. If the eviction case is successful and your tenant can’t pay the money, most landlords will result to filing yet another separate case in Small Claims Court.

Step 3: In the Courthouse

The average waiting time is 10 days to 2 weeks, 7 days being the earliest of the court date. Court calendars usually deal with certain types of cases on certain days. For example, landlord tenant cases are handled on Mondays, motions days are on Tuesdays and so forth. Inquire at your local courthouse how they handle such cases.

Judgment: Your court may require you to prepare your own judgment and other related paperwork. This will avoid you from forgetting about having one when the court day has come.

Defaulted Decision: Many tenants will simply choose not to come to the court during the court date. Most believed that the outcome of the case is inevitable hence either move out of the place or come up with the money. If this happens, you can request the court for a default judgment. The court will usually grant your request and you get the amount stated in your Complaint plus all the fees associated with the lawsuit.

If tenant shows up: In this case, the judge will ask the tenant if he wishes an adjournment. The judge usually grants this request for a delay of 1 week or less. If the tenant wants a full trial, he can do so at this point. A full trial cannot be asked after the adjournment period has been set. The summary of the proceedings will continue if none is set.

If the eviction case will solely focus on nonpayment of rent, the judge will normally proceed to decide to rent and possession.

Appeal: After the verdict, Michigan law mandates a 10-day appeal period before A Writ of Restitution can be issued.

Step Four: Finalizing

The day after the 10-day appeal period, fill out a form for Writ of Restitution with the Clerk. A typical form will cost you $5 and another $40 to $70 for the Sheriff to serve the Writ. Depending on the judge availability, the application form may be signed right away or the following business day. Check the Clerk’s office but in most cases, they are open from Monday to Friday during business hours.

Sources:

  • http://www.michbar.org/generalinfo/libraries/ltlaw.cfm
  • http://rhol.org/csu/evictions/Michigan/MichiganSteps.htm

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How To Answer Eviction Complaint In Utah

by Ruby on December 24, 2011

in Utah

If you have just received an eviction notice, it’s important to file an Answer right away. Below are the basic guidelines on how to answer an eviction complaint if you live in the State of Utah.

Eviction Complaint: How to File an Answer Effectively

All Answers to an eviction notice must be filed in writing, dated and signed by you, the defendant. Eviction Answers are usually free unless you have a counterclaim to be made. Answers must be delivered in person not through email, snail mail or fax to the same court where the complaint was filed. You also need to mail a copy of your Answer to the landlord as well, the plaintiff, to his representative or attorney. Keep another copy for yourself.

In most cases, you will be given three (3) business days to file your Answer as stated in the Summons. Should you fail to do so, the judgment may be defaulted in favor of the Plaintiff which could result in eviction and money collection.

If you don’t know what steps to take, there are Legal Services in Utah which will help you file your Answer. You can also visit the State’s Online Court Assistance Program at http://www.utcourts.gov/ocap to create your Answer. You will be asked with a series of questions during the on-screen process. There is a $20 charge to use the online service should you decide to file the documents to the courthouse.

The first page of your Answer should contain your name, address and phone number. Names of the Defendant(s) and Plaintiff(s) plus the Civil Number follow. Make sure that the Civil Number is accurately written so that the clerks of court can post your Answer accurately to avoid a default judgment.

The complaint(s) is listed by paragraph which you are going to reply as “Admit” or “Deny.” For example, if paragraph 2 says that your landlord had given you a 3-day notice to pay but you didn’t receive it, your answer should be “Deny.” If you feel the need to explain, you can do so. If you don’t understand what it meant, you can simply answer “Deny because I don’t understand.”

Include all your defenses against the impending eviction. For example, after receiving the 3-day notice, you had tried to pay your landlord but the landlord is deliberately refusing to take it. Or, you sent notices to fix some serious problems to no avail, so in your mind, paying the full amount of rent is unjust.

A counterclaim is used if you want to collect money that the landlord owes to you. There is a corresponding fee for that or you may file an affidavit to waive the cost. This affidavit must be duly approved by a judge.

It’s also possible that you will receive a Notice of Possession Bond (together with the Complaint notice) which will give you approximately three (3) days to either move out of the place, pay the amount due (plus all the associated fees), ask the judge to issue counter bond (payable in 24 hours) or request a case hearing.

The best option would be to request a case hearing so that a judge could listen to your testimony. A typical hearing result is either to leave the place or the tenant post a bond set by the judge in order to allow occupancy from 24 to 72 hours. Make yourself available for the hearing schedule to avoid a defaulted decision. Should that happen, an eviction order (Order of Restitution) will be issued against you.

If you are facing an eviction case in Utah and you don’t know the next steps to take, the best route is to seek legal assistance before going to the court.

Related Video

Utah Property Management – Evicting a tenant in Utah

When it comes to renting your property in Utah, one of the biggest questions revolves around how an eviction is handled. One of the unfortunate issues about renting a property in Utah deals with evicting a non-paying tenant. Fortunately, at Real Property Management, we handle that process for you, and help get a paying client back into your Utah rental property.

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The Effective Ways on How to Ditch a Bad Roommate

by Ruby on December 21, 2011

in Tenant's Guide

Having to live on your own is quite a cool and carefree experience. It brings a lot of fun and you tend to enjoy every bit of freedom that you may have. Aside from that, living on your own is the best training ground to prepare yourself to be entirely independent.

You will be away from your parents to control everything you want to do, no brothers and sisters to complain about what you do and on top of that, you will be entirely responsible for doing your own chores by yourself. The most exciting and interesting part of it is that you will have the chance to meet new people. And one of them can be your roommate.

Unfortunately, there are times that your roommates could become your daily nightmare. Queer personalities, unruly and generally having unpleasant behavior not suiting to your taste. This happens a lot of times. This is one of those moments where you wish you had been living all alone.

You are upset and you want him out the soonest. Other than some heated arguments, there are legal procedures to accomplish that. Below are some tips on how to ditch a bad roommate.

  • Maintain an open communication line. Talking to your roommate is the best way to express how you feel about them and explain your side. Resolving the issues the soonest avoid future conflicts. No matter how upsetting the situation is, be considerate and sensitive to his feelings. Be honest and straight forward. You could probably tell him “I don’t think this is working out. Before we go any further, I think one of us should leave.” Or perhaps you could tell him “I think you should look for a new place to live because things aren’t working fine between us and the reasons are…”
  • Review your lease agreement and determine who signed the documents. If both of you had a signature on it, bring the issue to your landlord and explain that you want to evict your roommate because of late rental payments, have unhealthy or queer behavior or any valid reasons that you have on hand. Your landlord can actually help you on how to ditch a bad roommate.
  • File a legal complaint. If talking to your landlord does not work, it is time to settle the issue in a small courthouse with an eviction attorney. Keep in mind that your roommate also has rights and small claims court is the best place to set an agreement without paying a lawyer. Your roommate is considered a legal renter so you need a legal advice on how to ditch a bad roommate.

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