All Forum Posts by: David Terbeek

The easiest and safest answer is that you should contact an attorney that is familiar with this type of situation. I am not an attorney but I will share how REO servicers typically handle this. Rekey one door for access. Note the status of utilities, being off suggests abandonment. Photograph and inventory everything in the property. If the value of the contents is less that $1,000 in garage sale value then you can probably just trash it out and take possession as it being abandoned. If there is more value to the contents and/or significant personal items that can't be replaced (ex. a medal from military service) then you should go through the eviction process to insulate yourself from liability.

I would recommend Lieberman, Dvorin, Dowd (David Dvorin) is our contact.  They probably do well over 100 per month, have a handful of attorneys working on them with a full support staff and flat rate pricing.  PM me for contact info.

Cash for keys can be an option but it is near impossible if the resident is not responsive.  Either way, having the eviction filed is a must for leverage.  And, it is a good backup if they do not agree to CFK or if you get to the date of the CFK and they don't follow through.  You would not want to start the eviction at that late date after you waited for the CFK to process.

The lead certification is required to be completed on rental properties every 2 years.  As noted above, this has been rolled out on a 2 year schedule.  This link has further information including the zip code made showing when each zip code will be due to be completed.

https://www.clevelandohio.gov/...

When someone doesn't pay their bills on their own and can't even follow the steps to get free money, it is very likely that they have assets or that they can/will keep a steady job to garnish.  This is a losing battle, you will pay fees to the collectors to maybe get a couple dollars here or there over the next 5 years.  Let it go and focus on your property.

@John Nachtigall  While I am jealous about how the world works everywhere else, that is still not legal in a residential unit.  (NOTE:  We do us RUBS in commercial so very familiar with the concept)

@Alan Bostick  Yes, if you have a single family you can seek reimbursement for the water/sewer when you collect rent.  It is considered rent (be sure lease specifies this) so you can evict for non-payment.  If it is a multi-family that is not separately metered you can not do it this way because you can't prove how much each unit used.

@Brandon Sturgill  I wish I was operating in Columbus or most of the rest of the country where we did not face the challenges of water & sewer being owner responsibility.  But the reality is this is how it is in Cleveland.  The water/sewer stays in the owner's name.  There is a process, as noted, to have a tenant set up an account but it is a complete joke because unpaid charges just revert to the owner in the end.  It is very complicated for less than sophisticated tenants so for us to spend hours trying to educate (argue with?) each tenant to set up an account that doesn't protect the owner in the end would be illogical.  We pay the bill and then bill the tenant for reimbursement.

The other issue we have is that most multi-family homes are not separately metered.  If they are not separately metered you can not, legally (lots of case law on it), bill the tenant for the charge.  Owner's absorb the cost of water/sewer.  Tenants paying is just not a legal solution.

Zip code 44108 is predominantly Glenville but for tax purposes, it is just Cleveland.  The tax value does not automatically change at sale, it is re-evaluated every 3 years.  The re-evaluation is based on the county appraisal, not necessarily from the sale itself.  However, if you attempt to appeal the value the sales price would become relevant.  Fyi, appeals can be filed January 1st to March 31st.