Originally posted by @Katie Jewell:
We have a tenant that is accepting the letter we sent outlining the extensive damages she did. We did it legally and sent an itemized invoice with receipts and she is willing to pay us back over a period of years. We want to write up a promissory note relating to this. Does anyone have anything they have used as a template for this type of situation that acknowledges the debt is due to damages and accepts responsibility and is legal in Ohio?
@Katie Jewell, wow, $10k of damages? Not sure the nature of this, but do you really want this person to remain as a tenant? Are you concerned with future damages or do you think this is a one-time situation?
I do have some experience with this and have had success albeit a much smaller amount ($3k). Here were the keys: 1) Got tenant to agree the damage was due to his negligence and he signed a statement to that effect. 2) Got him to sign a Promissory Note (found it online for Oklahoma and simply copied/pasted) saying he would pay the full balance due by minimum of $200 payment per month due same date as normal rent. All of this was detailed in Promissory Note. 3) Every time he makes a payment, I send him an updated balance which shows all payments and the decreasing balance as well as due dates on upcoming payments (easy Excel spreadsheet).
If he were not to pay the challenge then becomes trying to collect. As you have pointed out, collection companies tend to not want to deal with small landlords/sums. You can go the small claims route depending on laws in your area. But, even if you get a judgment, many just will not pay and the enforcement is iffy.
Best of luck!