Obviously, evicting a tenant is not a thrilling part of this business for the tenant or the landlord. What follows is a description of the eviction process itself, peppered with some of my personal comments with regards to how I typically handle evictions.
Generally, if I've not received rent monies from a tenant by the 8th or 9th of the month, I call the tenant. My leases stipulate that the tenant has a grace period until the 5th of the month to mail rent monies without being charged any type of late fee. As long as the envelope is postmarked by the 5th - no late fee. Allowing 3 or 4 days (from the 5th) for a tenant's payment to arrive is pretty liberal and plenty of time to allow for the monies to be received from cross-town mail.
If upon a call to the tenant I believe we're going to have problems, I immediately deliver a 3-day notice to the property. A copy of the notice is made before delivering. The 3-day notice is posted (taped) on the door if the tenant or other occupant is not there when it's delivered. Any tenant that reaches this point (the starting of the eviction process), is advised that the 3-day notice is simply being posted as a way to protect my interests in the event the tenant doesn't make good on the outstanding monies due.
Attaching a 3-day notice to the tenant's door does not negatively affect the tenant's public record. It's not until the 3-day is formally filed that it becomes public record. The landlord cannot file for eviction until 3 business days have passed from the point the 3 day-notice was placed on the property. Once the 3 business days are up, the landlord can begin the formal eviction process. How does this start? The landlord will take lease paperwork, and a copy of the 3-day notice to an eviction attorney, or to the courthouse directly for filing.
You can expect it take approximately two weeks before your hearing is scheduled. It's important to note that I always keep the communication line open with the tenant through this whole process. I think this is extremely important. I want the tenant to know that I don't like going down this path just as much as the tenant doesn't. It's not my goal just to boot a tenant out of the property. In fact, I try very hard to work out payment arrangements or even payment assistance resources with the tenant in an effort to get him or her back up on their feet.
If judgement is taken (in the landlord's favor) at the hearing, the judge will give the landlord permission to "red tag" the door. A red tag is just that - it's bright red and has marked on it the date that possessions will be moved out of the property if the tenant has not vacated. The tenant has five days from tagging to get out of the property. It will usually take 2-3 business days after the court hearing for this tag to get placed on the front door of your property. Again, I keep the tenant abreast of my intentions during this process. The landlord at this point calls the shots with regards to whether or not any possible set-out occurs. I mention to the tenant that I still do not desire to set property out at the curb, and if payment arrangements can be made, the set-out can be averted.
The final step is the dreaded set-out. It's extremely rare that I ever have to get to this point. If it comes this far, frankly the tenant deserves it. I've given them every opportunity within reason to try and remedy the situation or move out on their own accord. If the tenant has not moved out by the date stipulated on the red tag, the landlord has the right to order a set-out with the bailiff.
When the set-out is requested (it's generally a day and time agreed upon by the landlord and the bailiff), at least four people will show up at the property dedicated to the purpose of setting furniture and belongings out of the house. At this point, all property becomes public property. It's not uncommon to see "vultures" watching a set-out occur, and then scavenging belongings that have been set out of the property.
Good, open communication lines with the landlord are extremely important. A good landlord will try and work through any temporary finance difficulties a tenant may be experiencing.
I
EVICTIONS
Rosewood Holdings, LLC
1237 Three Forks Dr. S.
Westerville, OH 43081
614-865-0807
Email: Rosewood Holdings
ROSEWOOD HOLDINGS, LLC
This page was last updated: January 13, 2008
Call us now: 614-865-0807
The Eviction Process
Tenant-Related Articles
Tenant Tools & Resources
Interactive Links
