Hey all, I am a new landlord of a duplex, since October 2014. My downstairs tenant has stopped paying rent this month. Rent is due on the 1st, and there was no grace period in the lease. The lease was drawn up by the former owner of the house and I kept things month-to-month. The tenant has said that she can't pay rent and is on hard times but is waiting on a check to pay rent. I told her that I would give her through the weekend and alas, still no rent. It should be noted that the unit is under rented and the tenant has been there for 6 years at the same rent. In one breath I hate to get rid of a tenant with that kind of history, although I don't know first hand what the payment history has been like.
At this point I think eviction may be the best choice. Is anyone familiar with the process in Cleveland? The courts and people answering the phones there have not been helpful to this point. What I know if I need to serve a 3 day notice requesting the tenant leave the premises. Following that i need to order a Forcible Entry and Detainer form. Can I order this form online? What is the most convenient way to obtain this form and submit it to court. Following submission of this form I believe 21 days later the tenant receives the court date and things move forward from there. I think the tenant will likely choose to move out on his own will during that time. Provided he does not and the court case follows, what is the procedure there? Am I able to file a Second cause hearing for past due rent, damages to the property, moving fees associated with eviction, and possible time lost from work due to attending these hearings? What types of limitations are involved in this second cause? Will a judgement in the plaintiffs favor cause the tenant's wages to be garnished in order to make payment?
Finally, does this eviction automatically go on the tenants credit history, or would that be a different filing?
Thanks in advance