Tenant won't move out and requesting a Jury trial...

[Chris Reynolds]

I have a tenant who is month to month and is a lawyer who has a checkered past to put it nicely, he is a felon, but has been given his law license back. He has stopped paying rent, and told me he will not pay, or move until a judge tells him to. He will not communicate with me, and will not give me his lawyers contact information. I have given him a 30 day notice to leave (per month to month tenancy in ohio) and plan to give him a 3 day notice, then start the eviction process. I've spoken to multiple layers who know him and they said he will request it being moved from a suburban court to downtown and will request a jury trial which with the backlog of cases will buy him at least 6 to 12 months rent free. I have a great lease, and it is clear I have done everything right, the tenant knows he will loose, but he also knows it will cost me (estimates so far) over $5,000-$10,000 to fight this as a jury trial plus the lost revenue in rental income. I have no idea what to do, as I can't believe you can have a jury trial for an eviction when you refuse to pay or leave. I can not afford the loss in rental income along with the associated legal fees, and am looking into selling the house. 

Does anyone have any advice on this , or has anyone gone through this in the past and has ANY insight at all of what to do? I will be trying to sell the house, while also starting the eviction process with the tenant, and hiring a lawyer to try and stop his change of venue, and request for a jury trial but my lawyer said he will most likely get both of those requests.

I will loose the house if he doesn't pay, and I have to take on legal fees. I tried telling him he doesn't owe any back rent and I will return his security deposit in full even though there is damage to the property and he won't accept that either. 

Finally, when I tell him I will be entering the property with 24 hours notice he purposely is not there, and has two very large German Shepard dogs which he claims are mean so I can not even access my own property.

[Jerry W.]

@Chris Reynolds, I am thinking out loud here.  One, if you have equity perhaps you could find a lawyer who would be willing to buy your house for what you owe on it.  He will have the money and incentive to do this the right way.  You might just consider filing and going through with the eviction with a lawyer.  You will eventually win.  When you do you will get a judgement.  You can garnish his wages.  The state Bars hate attorney's who get judgements against them.  They are high risk for stealing clients money.  If this guy has lost his license once he will be under higher scrutiny, and pulling a stunt like this and getting evicted and getting a judgement against him could very well cost him his license again.  Right now he has you bluffed.  He wins without you even fighting.  You have nothing to gain by rolling over and playing dead, go after him.  Make sure the judge knows what he is doing and that he is a lawyer , that he has been disbarred once and that you will lose the property.  Judges do not like guys who make their profession look bad.  If you have to go to the local paper maybe they will run a story.  Be sure to file a complaint with the ethics committee for him being a deadbeat and not paying his bills and for not being fair in his dealings with you.

    What ever you do, never threaten him even if its financial, or do any act that he can counter sue on.  I wish the house were close enough for me to buy it.  I would suggest looking up his disbarment case, it will be public record.  There may be information you can use to impeach him.  Maybe call the exwife and see if she can give you any useful information about him.  If some guy is just beating on you there are only 3 choices, take it and do nothing, run, or fight back.  Attorney's can be the master of bluffing, but even if it is not a bluff at least go down fighting.

    I have gotten spoiled in Wyoming, there is not a right to a jury trial for an eviction and the hearing must be set within 12 days of service of the defendant.  I have gotten eviction orders within 5 days of service in some cases.  Good luck.