I've gotten so much help from the forum that I wanted to share a lessons learned and the process i went through with an eviction i had mid last year. This property is located in Hamilton Ohio, and is one unit in a 4 unit complex that I purchased in June 2023 full with tenants. The day I purchased it I reached out and introduced myself to all four tenants and one tenant told me that she was currently living with a relative because her electric got shut off. Apparently it was in the old owners name and got shut off with the sale so I turned it back on in my name just to help them out. This tenant seemed really nice, let me in to inspect the unit, but already started talking about how they were trying to find funding to help pay the rent for July. She told me a few sob stories and being the new owner I gave her the benefit of the doubt and allowed her to have until the 18th to pay the rent. On the 14th she asked me to give her a 3 day notice to vacate because no organizations were willing to help without it, but I didn't provide one because I had moved her due date to the 18th so she wasn't late yet. I tried to reach out on the 16th to see if they were going to have the rent ready on the 18th but never got a response. I posted a 3 day notice to vacate on the 19th and still hadn't heard from the tenant. I reached out again on the 24th to ask if they had moved out and would like to turn in keys but never heard back. On the 25th i had my lawyer file the eviction with the county, and got a court date on August 9th at 10:30am. July 26th I got a text from the tenant from a new number with another sob story wanting to stay, but still not offering a July rent payment. Also in this text I learned that the boyfriend had been in jail the last two weeks and just got released. August 7th, two days before court the tenant reached out and wanted to pay July and remain in the unit. Once the 3 day notice is posted the landlord has no obligation to accept any rent so we declined acceptance. The judge ordered the eviction and gave them until August 13th to get out. Of course they weren't out and actually told me that July rent was paid and if I moved forward with removing them from the unit they would file a law suit against me for an unlawful eviction. We proceed with having the bailiff remove them on August 16th. September 13th we went back to court for our "Second Cause" which is where we present our case for how much the tenant owes us. The total including rent, damages, and utility payments came out to $2600. As of the date of this post we have not seen any of that money.
Summarized Eviction Timeline:
July 1st: Rent Due (Actually extended to July 18th at tenant request)
July 19th: 3 day notice to vacate posted
July 25th: Lawyer filed eviction with Butler County Court
August 9th: Eviction court
August 13th: Date judge gave them to be out by
August 16th: Bailiff removed tenant and set out stuff
Cost: $195 in lawyer and Bailiff fees
Lessons Learned:
1.) Stick to exactly what the lease says about late payments and evictions. I know there are specific instances where some leeway is ok, but in hindsight this was not one of them.
2.) Hire a lawyer to deal with filing paperwork and processing the eviction. I own the property in my name so in my county I can represent myself but for the cost, it is worth it to have a professional that knows what they're doing handle it, and also having someone to answer all of your questions is nice.
3.) Trust your gut on the red flags. There were many red flags throughout this whole process but I chose to ignore them.
4.) Don't be afraid of vacancy. In this market good tenants aren't difficult to find, so don't let the fear of vacancy stop you from getting rid of a problematic tenant. We were able to renovate, and rerent this unit within 1 month and were able to get a $100 increase in rent per month.
5.) Always increase your vacancy rate and capex amounts when you're buying property with tenants in place. No matter what the seller tells you or has you believe to make you feel comfortable with the tenants you never know if they'll pay the rent on time until the time comes.
6.) Don't let a tenant intimidate you. This tenant tried to intimidate me with "Legal Action". As long as you are operating within the law you will be fine.
7.) Ohio is a landlord friendly state. I sat and listened to at least 25 eviction cases before mine. The judge asked every tenant "Where you late with rent", and everyone of them said yes but then proceeded to tell stories about how the landlord was terrible or there were issues and that's why they didn't pay. The judge went forward with the eviction on every single one of them because even 1 day late is an evict able offense in Ohio ( at least in Butler County).
8.) Unless you know where the tenant worked to be able to try to garnish their wages there isn't much you can do with a 2nd cause order. I did know where the tenant worked at the time, but when I tried to file a garnishment they moved jobs. I consulted a lawyer and a few other investors to see if there was anything else to try to do, but they all told me the only way I was likely to see my money was if they went to try to buy a house one day they would need to pay off my "Lien" before proceeding. If anyone has any advice on this let me know in the comments.