Apartment Abandonment? *Beware. Landlord horror story coming up*

Columbus, Ohio
General Landlording & Rental Properties
4yFollow

Apartment Abandonment? *Beware. Landlord horror story coming up*

Michael Garrett
New to Real Estate · Member since 2019 · 36 posts · 11 votes

Afternoon BP friends. I’ve got a fun situation. I inherited some seemingly bad eggs for tenants. I have a guy that did not pay rent in September due to (what he says) a lost Money order in the mail.  I have a trusted source that saw said check so we know it existed. Regardless I gave him the benefit of the doubt and said please pay both months in October. Now the good part. I text the first few days with no reply. Even told him we could work together on a solution (cash for keys in my mind). All I got was a “k” by text in response. Long story short I have sent two or three texts a day. Called every day and haven’t heard anything. Sent an eviction letter via certified mail.

At what point am I able to enter the apartment to see if he is even still there or the condition it’s in?  If he’s not there at what point can I trash all his stuff and renovate to get a solid tenant in there?  

1Reply
45 views

Most Popular Reply

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Quote from @Michael Garrett:

Ohio law says you have to give reasonable notice before entry, but you can always enter for an emergency. Knock loud and hard, many times. If nobody answers, put your ear to the door. There's a very good chance you'll hear something that sounds like water running onto the floor, which is an emergency! 

If it's abandoned, deal with it according to the law: https://www.sapling.com/870107...

Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.

The DIY Landlord Book4.7247 Reviews
WebsiteView Page
8Reply
See this reply in the discussion

13 Replies

Jump to latestLatest
  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    4y

    Harden up, and have some cash set aside for things like this--it's just part of the business, and not quiet at the "Horror Story" level yet.

    It can get way worse.

    In the future, be careful when vetting possible renters.

    See some of the postings in this forum about renter vetting.

    As to your question directly, what you can and can't do, and the associated dates are controlled by your state, (and and maybe city) laws of the property address.

    Maybe posting the property state and city will help responses.

    Bend Oregon will probably be different than Las Cruses New Mexico, which will probably be different than many parts of New Jersey.

    Good Luck!

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Where is the property located?  Look up the local laws.  Drive by the property and knock on the door and then post notice to both enter and cure.  In most cities you can enter with 24 hours' notice (check your area) regardless if you have the tenant's permission.  Talk to the neighbours and see if they've seen any activity.  They may have bailed.  Otherwise, start the eviction process now.

    1Reply
  • Michael Garrett
    OP
    New to Real Estate · Member since 2019 · 36 posts · 11 votes
    4y

    Thanks!  Mansfield Ohio is the city. We knocked today and looked around. No sign. I’ll do the neighbors. But they are on the same list of you ask me. Can’t wait to let their leases run the course so we can renovate and turn the asset around. 

    2Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Michael Garrett:

    Ohio law says you have to give reasonable notice before entry, but you can always enter for an emergency. Knock loud and hard, many times. If nobody answers, put your ear to the door. There's a very good chance you'll hear something that sounds like water running onto the floor, which is an emergency! 

    If it's abandoned, deal with it according to the law: https://www.sapling.com/870107...

    Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.

    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    8Reply
  • Dave PoeppelmeierBusiness Member
    Realtor · Maumee, OH · Member since 2015 · 491 posts · 722 votes
    4y
    Quote from @Nathan Gesner:
    Quote from @Michael Garrett:

    Ohio law says you have to give reasonable notice before entry, but you can always enter for an emergency. Knock loud and hard, many times. If nobody answers, put your ear to the door. There's a very good chance you'll hear something that sounds like water running onto the floor, which is an emergency! 

    If it's abandoned, deal with it according to the law: https://www.sapling.com/870107...

    Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.


     "I hear water running!" That's gold, I'm using that!!!

    Podcast Guest on Show #380
    Keller Williams Citywide | Dave Poeppelmeier534 Reviews
    WebsiteView Page
    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Dave Poeppelmeier:

    It's like the cops that hear a baby crying or a woman screaming. :)
    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    1Reply
  • Jake Tolton
    New to Real Estate · Mitchell, OR · Member since 2020 · 12 posts · 8 votes
    4y

    Hi @Michael Garrett,

    I am an investor in Central OR. First thing I did after buying my first rental was get a membership with “Central Oregon Renters Assocation”. They have online classes, a current Oregon law book, and a hotline to call experienced landlords/property managers in Oregon for advice. It has been well worth the investment and helped me greatly. Oregon is very tenant friendly so I believe it’s worth knowing the laws. Good luck.

    0Reply
  • Michael Garrett
    OP
    New to Real Estate · Member since 2019 · 36 posts · 11 votes
    4y

    Thank you!  That’s a great idea. For those of you following now we did just post the 3 day notice on the door today. Unfortunately we did hear people inside so it just seems like he doesn’t want to pay rent. I’ve lawyered up and Tuesday starts the real deaL process if he doesn’t pay up. Although even if he does I think I’ll follow through with the process. landlords rights in Mansfield at least. Found a great attorney who seems very adept and has online walkthroughs. Been good so far. Flat fee too which I thought was great. Just gotta hope the apartment is a complete wreck once we actually get our hands on it… 

    0Reply
  • Caroline Gerardo
    Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    4y

    @Nathan Gesner  LOVE 'ya!

    0Reply
  • Melanie ThomasBusiness Member
    Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 490 votes
    4y

    You could check utilities. Typically tenants will turn them off to stop billing. This is a good indicator if they are still there or not. I would post notice to enter according to local laws and check it out. Good luck, happy investing! 

    [email protected]
    RentWerx Property Management4.73308 Reviews
    WebsiteView Page
    0Reply
  • Michael Garrett
    OP
    New to Real Estate · Member since 2019 · 36 posts · 11 votes
    4y

    The plot thickens. Got a call from the neighbor. Apparently no one has heard from the tenant in two weeks. He has someone living there who has been paying the tenant (my guy in the lease) to pay me. Obviously that hasn’t happened. He’s calling me because he has money to pay rent. What now?  Do I screen and go month to month while I figure it out. Does he owe all the back rent?  If he pays right away do I cut the one month loss, screen and inspect the unit? So fun!!  Haha

    0Reply
  • Patti RobertsonBusiness Member
    Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
    4y

    If he has the money I would take it and give him an application to complete so you can screen him.  I don't know about your area, but where I live in Virginia the only prospects looking for rentals are deadbeats who are finally able to be kicked out of other people's houses.  While I don't want a non-paying tenant, if they are paying, I'd let them stay until closer to spring when it will be a much better time for you to get it ready and find a new tenant - probably for more than this one is paying.

    757-472-2547
    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Michael Garrett:

    The plot thickens. Got a call from the neighbor. Apparently no one has heard from the tenant in two weeks. He has someone living there who has been paying the tenant (my guy in the lease) to pay me. Obviously that hasn’t happened. He’s calling me because he has money to pay rent. What now?  Do I screen and go month to month while I figure it out. Does he owe all the back rent?  If he pays right away do I cut the one month loss, screen and inspect the unit? So fun!!  Haha

    You shouldn't allow subletting/subleasing. You now have someone occupying the property that was not screened/approved and you have very little legal authority over them because they are not on the lease.

    I would tell your legal Tenant to pay the rent and get this guy out in one week or you're going to evict and come after them both, including court and attorney fees.
    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free