All Forum Posts by: Adam Walter

Yes, that is always a grey area; I hate evicting furniture.  And I'm sure your management company wants to err on the side of caution.   My attorney pretty much asks if there are clothes hanging in the closet, utilities on, fresh food in the fridge, etc.  If I think that the tenant has moved out but left some of their belongings there, I will change the locks, put a key in a lock box on the door and leave a note stating "that the property has been deemed vacated and the locks changed in order to secure the property.  If the property is not vacant, call/text within 3 days of the notice to gain access."   Sometimes they call and I give them the code to the box, and then ask what their intentions are.  Most times there is no call and then I take over the property after 3-4 days.   I manage my own properties, so I was willing to take on the risk of doing this.  I've done it many times over 10 yrs with no issues (knock on wood) and my attorney is ok with this as long as it's pretty evident that the tenant moved out; I liken it to going 5 miles over the speed limit.  

LOL, your welcome.  I'd post and reply more, but then I would have to learn how to blog, which takes time away from making money in real estate.  :)

You can only represent yourself if the property is deeded in your name. If the property is owned by a LLC, Corporation, etc. you must have an attorney represent you, otherwise it will be dismissed, wasting $250-$300 and 3 weeks. Sounds like in your situation, you are the acting manager or agent for the owner, which would require an attorney as well. There are 2-3 attorneys that handle 80% of the evictions in Hamilton County; one of which is Dave Donnett whom I've used the past 10+ years (you have to google his number or PM me, I got flagged). He has a couple of people who answers the phone and can answer basic questions, which is very helpful.

Michael,

Typical eviction in Hamilton County is $300-350 and will take around 4 weeks.  What I normally do is cash for keys. When I drop off the 3 day notice to vacate, I include a letter that offers the tenant $200 or so to leave the apartment in the next 3-4 days in lieu of an eviction on their record.  If it's for non payment of rent, the $200 will go a long way for them rather than me giving it to an attorney or Hamilton County Court.   Also, I believe that even by offering the cash, you don't become the bad guy and there is less damage to the apartment; it's just business.  

If they don't accept, here is what you are looking at:

1) 3 day notice to vacate which must be delivered by hand or through the door (not mailed)

2) On the 4th day if they are still there, my attorney files the eviction at the courthouse (my attorney charges $260 total)

3) Court date is set around 2 weeks out.

4) The person delivering the 3 day notice must show up for court, typically the magistrate rules in your favor and issues a 7 day writ.  The tenant can show up and delay the process a week if they know what they are doing.  

5) If the tenant is still there, on the 8th day (and not before then) you call the Hamilton County Sheriff to schedule a set out which is normally 2-3 days after you call.  They charge $50 for this service

6) At the time of the set out, you need to have the man power and supplies to get everything out of the apartment within 1-2 hours.  

7) The set out items must remain outside 24 hours.  After that time it's up to you to dispose of them, or face receiving a fine from the City or township.  

It's not going to be much quicker than this.  Sometimes the magistrate will order a 3 day writ for extenuating circumstances like damage to the unit, but this is rare.  If the court date is early in the week it's only going to save a day or two because of the weekend.  I have lower end units where I don't even try to go after judgments.   If the tenant can't afford $400-500 a month in rent, it's a waste of my time to try to collect.  I try everything in my power to get the tenant out without going through the court process.  

My wife is the breadwinner in the family, and I take care of the kids and invest in real estate.  I have taken on the responsibility of funding the kids college and have been researching SDIRA and Solo 401k (lots of information on here which is why I signed up today).   I have no money to roll over to the account, so I will be funding these from scratch.  Initially, I will be purchasing tax foreclosures as the investments which may require payment the day after I purchase them.

My CPA suggested setting up an SDIRA in my kids name (my llc pays them) because college expenses can be withdrawn without penalty, but for what I want to invest in, a Solo 401k in my name appears to be easier and cheaper.  Either way I will need to be able to write a check quickly.

What do you think?

Thanks, Adam

Hello BiggerPockets,

I was doing some research and was impressed by the content of the website and decided to join.  I invest mainly in multi families and condos in the Cincinnati area.