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All Forum Posts by: Edmond Dantes

Edmond Dantes has started 4 posts and replied 26 times.

Post: Eviction in Cleveland, hearing date after 4 months...

Edmond DantesPosted
  • Rental Property Investor
  • Posts 26
  • Votes 6

I purchased a single family home in Cleveland in October 2021 and this home has been rented since November 2021.
The tenant paid the first 6 months and then stopped paying the rent in June 2022. To avoid eviction, I had invited the tenant to leave voluntarily in July 2022. The tenant agreed but he did not respect this agreement and continues to stay in my house without paying.

Last month I decided to start the eviction procedure and yesterday the property manager told me that the hearing date has been set for November, after almost 4 months. I thought the hearing would take place in early September, not mid-November. The rental contract expires a few days before the date of the hearing.

I have a few questions for those with experience of evictions in Cleveland and the state of Ohio:

1) Is it possible that the court has fixed the date of the hearing after 4 months from my request?

2) Is it illegal to accept a partial rent payment before the eviction hearing? My property manager says he can only accept rent payment if we cancel the eviction. If I cancel the eviction and the tenant does not pay even part of the rent due, I will have to request the eviction again and wait 4 months for a new hearing date ...

I would be very grateful if you could answer my questions and I accept any suggestions.

Originally posted by @James Wise:
Originally posted by @Edmond Dantes:
Originally posted by @James Wise:

Yes it must be renewed every two years.

 Hi @James Wise, you are an expert property manager and I have 2 questions for you:

1) the deadline for my zip code was in March 2021. If I make this repair in July, I could have problems with the city for the late certification?

2) In your opinion $950 is a right price to make those repairs and obtain the lead based paint certification?


Thank you very much

1. Probably. They wanted it done by March and you didn't do that.

2. Yes, seems reasonable.

James, it would be a disaster if after work and certification, I were to take penalties from the city.

Originally posted by @James Wise:

Yes it must be renewed every two years.

 Hi @James Wise, you are an expert property manager and I have 2 questions for you:

1) the deadline for my zip code was in March 2021. If I make this repair in July, I could have problems with the city for the late certification?

2) In your opinion $950 is a right price to make those repairs and obtain the lead based paint certification?


Thank you very much

Good evening,
I'm an investor out of state, the owner of a single family home in Cleveland.

My property manager told me that the city of Cleveland has initiated a new lead based paint certification, moreover this certification will be mandatory every 2 yearsIs this true?

The property management company has developed a plan to meet this requirement:

a) cleaning all windows troughs and sills, scraping and painting of window troughs and sills

b) scraping and painting of all previously painted floor surface that is chipping or peeling

c) scraping and painting of any exterior paint that is chipping or peeling including garage decks and house 

d) scraping and painting of all exterior door thresholds and jams

Their estimated to complete this pre-inspection repair work is $500.

The certification inspection is $350

City filing fee $50

Property management coordination fee $50

I need to know if this certification is mandatory or not, maybe Cleveland realtor and property manager on Biggerpockets could answer me and clarify my doubts.

Let me know please

Thank you very much

Originally posted by @Theresa Harris:

If you know it was paid, then I wouldn't worry.  That was your main concern.  Moving forward, I would let her know that you will be paying everything as you should have been all along and leave her to just manage the property.  

My property manager has paid my homeowner insurance premium and the property tax, but she did not consider on the owner statement my wire transfer ($500) and a check returned ($2,000) from the County relative to my property tax payment.

For these reasons, there is a loss of $1,300 on my ending bank balance but if she added my wire transfer and the check returned the ending cash balance would have a net income of more than $1,200

Originally posted by @Matthew Irish-Jones:

@Edmond Dantes when did you send the email asking for clarification?

2 days ago and today

Originally posted by @Theresa Harris:

I would not have relied in the PM to pay the insurance or the property taxes.  Their job is to manage the property ie renters and minor repairs.  The amount of time it takes for you to pay them to pay the city or insurance is the same as if you did it yourself and then it is done (plus it isn't the PM's job).

The PM hasn't included those as those are not part of their duties.  You have a copy of the bill from the city and your insurance company.  That is all you need.  If you want a statement saying they were paid, contact the city and insurance company yourself.



@Theresa Harris, yes, I have the copy of the check returned from the County to the property management company and the copy of the wire transfer. 

My question is What should I do if my property manager still doesn't answer? 



Originally posted by @Will Fraser:

Hi @Edmond Dantes, i'm sorry to hear of your troubles here!

I would try as gently as possible to walk the manager through the missing funds and try to reconcile those, then part ways as soon as possible.

I would also HIGHLY recommend changing the way you operate with regards to taxes and insurance payments.  It could be the case that the PM recommended this, but your story so far is a perfect illustration why you as the owner should be responsible for those payments.  

In general the powderkeg that exists here is that your PM has a VERY complicated operation, created by the way they are structuring the business.  Unless they are using some costly tools for management it is unlikely they are tracking a bizarre in-and-out-and-in-flow like this with any ease.  Add to it that they likely have several properties under management and my mind spins thinking of their operation.

I would urge you, for your own benefit, to have a property manager manage your property and, if needed or once you have the right scale, have an asset manager (or a PM that does both but identifies them as separate items with fees for services provided) manage the rest of it (like tax and insurance payments.  

 Hi @Will Fraser, I agree with you. In this moment I tryng as gently as possible to walk the manager through the missing funds.

I have sent her a second email but she still does not answer.

What should I do?

October 2020

I have purchased a single family home in Ohio with a cash offer. The realtor who helped me in the purchasing process has recommended the title company, moreover the realtor has made a small rehab for $1,500.

December 2020

The home was rented in the first days of December and it was managed from the realtor's wife through a property management company. A few days after the purchase of the home, I sent a wire transfer to the property manager account in order to pay the annual premium of my home insurance.

January 2021

I asked my property manager to pay my half annual property tax of about $2,000, she accepted and paid with a check on 26 January 2021. The amount of $2,000 it included a delinquent tax of about $1,000, unpaid by the previous owner.

March 2021

I contacted my property manager because the property tax was unpaid. She thought there was a problem with the County closed to Covid for months and running behind on all functions including processing these tax payments. The day after, I contacted the County Treasury Office and they told me that the Treasury returned the $2,000 check to my property manager 18 February 2021 and parcel in Foreclosure. They required a Cashiers Check for payment. After a few days, my property manager has paid about $3,000 for the annual property tax with a Cashiers Check. The amount of $3,000 it included a delinquent tax of about $1,000, unpaid by the previous owner + $92 penalties for my late payment

April 2021

The Judge dismisses the Foreclosure and the title company has accepted to refund me $1,000 for the delinquent taxes of the previous owner.

What's the matter with my property manager?

On the owner statement december 2020-april 2021, the property manager has omitted:

1) $2,000 for the property tax returned check from the County

2) $540 related to my bank wire transfer send to property manager banking account in order to pay my homeowner insurance

Due to these omissions, the ending bank balance is negative for about 1,300$ but I I'm sure that it turns out to be an "Ending Bank Balance" of about + $1,200

I have the copy of my $500 bank wire transfer and the proof of the $2,000 Check returned from the Treasury County Office to my property manager.

I have sent an email to my property manager showing all these but she has not answered me.

What should I do?
What should I do if my property manager will continue to don't answer me and/or if she denies to have received the check from the County and my wire transfer?
Should I hire a lawyer and report my property manager or her management company and find another property management company?

Let me your opinions please

Thanks