Can I start repairs in the middle of an eviction?

Question

Hello! New to this forum but happy to learn from all of you more “seasoned” landlords.

We are in the middle of evicting our tenants in Ohio, have jumped through all of the hoops, and are awaiting trial.  The trial is in 5 days, then it will take a week etc for the bailiff to give us the property back officially.

My question is, can and should we go into the home to start prepping it for re-rental?  The tenant texted me a couple days ago and stated “we have not lived in the house for two weeks, but I still have a table in the garage and a lamp and some shit there.”

Should I return to the home now to get the ball rolling and get this place re-rented by doing some repair work or just wait until everything is removed/ the whole process is done with?  She’s been saying she will get the items for over two weeks now but basically is in no rush now because “this is on my record now so I’ll just take my time.”

I can see her point but we have been very kind not evicting her earlier.

Any suggestions would be appreciated.

Thank you.

Nick C. · Answer

I think the risks outweigh the rewards here. I don't know the Ohio tenant-landlord laws, but you wouldn't want to give her any ammunition at the trial; he tore my house apart, it's unlivable, he sent his hired goons to harass me, etc. Tenants sometimes have wild imaginations when it comes to these situations.

Mary M. · Answer

It sounds as if the situation is contentious. Would suggest NOT talking in person as there is no record of conversation.

I like the idea of offering her cash,  but honestly she told you she moved. So call your atty and confirm that is all you need

Maurice D. · Answer

offer her 200 bucks if she gets the rest of her stuff out in 24 hours.  or something like that.  she will appreciate the money, and you get the keys in good/better terms.

Mary M. · Answer

? Text her and ask her to cnfirm she has moved out. Then once she does that change the locks.  Store her belongings for the stipulated time frame then get rid of them

Evictions should only be last resort. This does not seem to rise to that level.

Nathan Gesner · Answer

@Sarah A Banzhof I'm glad you're moving forward.

I'm late to the conversation but I think your original plan was the correct one. Evict the tenant and seek a judgment. You've now entangled yourself into another potentially sticky situation because you possess some of her things and she could refuse to pick them up and them claim you destroyed her stuff if you dump it.

I hope it works out for you.

Sarah A Banzhof · Answer

Our tenant is officially out!  I contacted her and asked what it would take to get her to officially give us possession - and she said that she still wanted a few items left in the house but was unable and unsure of when she could come to get them.  I offered to house the items in our garage on the property for two weeks and all she needed to do was contact me when she needed access to the garage each time.  She agreed and emailed an official "I am out of the property on this date and relinquish possession to the landlord and owners."  There was about $1,200 worth of damage inside and it was disgustingly filthy- not sure how this compares  to you all but it's been our worst clean up yet.  Now  to get this place rented again!  Thanks for the advice.  - Sarah

Mary M. · Answer

I think you are making it too hard. Call your atty and ask if her email stating she no longer lives there is all that is needed.

Honestly it sounds as if you are trying to prove a point to her or are in a power stuggle. I have found the easiest way forward is to work with the tenant so the resolution is quick and painless. .

Good luck and let us know how it goes

Sarah A Banzhof · Answer

Thank you to all who responded.  I've sent her an email stating that if she signs a drafted document giving us possession of the house and turns in keys, we will cancel the first action (eviction).  I called the local courts and they said as long as I am clear in writing to them, I can cancel the first action but continue with the second action (trying to reclaim monies lost in the ordeal).  Maybe she will bite and the incentive of NOT going to court will give us possession. If not, we go to court Wednesday so at that point it isn't much more time.  I am trying to get the house back and every day she's in there hurts us because it is so close to the holidays, and very few people want to move right around Christmas.

I appreciate all the feedback.  Nice to have forums like this to bounce ideas off of other landlords.

Jim Goebel · Answer

@Sarah A Banzhof

Hi Sarah I have a sister that can be somewhat 'difficult' - she had her clothes strewn about for years at my parents house.  I texted her to invite her input in helping to clean a section of my parents house.  I didn't hear anything from her.  She predictably 'freaked out' after the fact as things were being moved and had already been dropped off at Goodwill.  I was nice, and we went to Goodwill together to try to find an item or two that had some sentimental value to her.

Some people need to observe reality before they will accept it.  My recommendation would be to inform the tenant of your intent to begin work on the house, and follow through.  Schedule the work, plan it, start moving things in to complete, etc.

You can narrate the situation meantime as communicating hope that you can still work things out with regards to rent, etc - seeing a place become nicer can also motivate someone.  They may take it as a trust builder.  They may also freak out - in which case - the law regards silence as consent.  So, cover yourself by letting them know your intention.  And then follow through and make sure you are prepared for various contingencies.

I'd bet a judge would understand if it comes to that.

It won't likely come to that unless your tenant is spiteful, duplicitous, and creative when it comes to the law.

This is not legal advice....

Mary M. · Answer

If it were me i would send a text to tenant and call my atty for guidance. eviction would be my last resort.

Can I start repairs in the middle of an eviction?

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