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Updated about 6 years ago on . Most recent reply

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Jared Born
  • Amherst, OH
2
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2
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Tenant not allowing access to property

Jared Born
  • Amherst, OH
Posted

I have a rental property in Ohio.  The tenant is months and months behind on rent.  I filed eviction back in Feb/March with a court date in early April.  A few days before the court date the tenant filed bankruptcy and it has halted the eviction process. 

2 part question: 

1. How can I get them out now in a speedy fashion?

2. I posed a 24 hour notice to enter and the tenants are not allowing access saying they have personal financial papers on the counter and doesn't want us to see them.  Is there something that would allow him to deny us access? I haven't seen anything in general rental laws but, unsure about bankruptcy rules. 

  • Jared Born
  • Most Popular Reply

    User Stats

    16
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    Christina Gentry
    • Residential Real Estate Broker
    • Saint Cloud, FL
    4
    Votes |
    16
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    Christina Gentry
    • Residential Real Estate Broker
    • Saint Cloud, FL
    Replied

    You'll need an attorney.  Perhaps the one handling the eviction could do this for you?  Mine does.  If you are doing the eviction on your own, seek counsel.  It also will have an effect on the security deposit and how you would normally handle that.   If it has stopped your eviction, then they have likely named you in the bankruptcy as a creditor.  Different can of worms.  Bankruptcy court here you come.   I have had multiple Tenants (& a few Owners) file over the years, but have gotten very lucky with no issues.  

    As far as refusal to allow entry, with proper notice, that's held pretty high among our state statutes.  I'd check your legal again.  They cannot refuse reasonable entry.  When in an eviction, it is not common for me to go in or on the property unless for repair/maintenance issues as relayed by the Tenant.  I'll drive by, look around and such; get an idea of the happenings on the property.  

    Hope this works out for you, Jared, and you get your property back swiftly.

    Christina 

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