just did my first eviction

[younghoss]

this morning in court. Actually, my attorney handled it, I am an LLC, and I don't know if it's required, but it is customary. I am happy to say this was my first court eviction in 14 yrs as a landlord. Always before tenants have complied with the lease, or we have found a suitable compromise.
The tenant did not dispute that she hadn't paid rent, so my main cause of action was swiftly upheld. Her "defense" for remaining in the apartment without paying rent was that she had't yet found another place to move to. The judge informed her that wouldn't fly (not in those exact words).
He added that Ohio law permits a set-out of her property from one to ten days after he rules. The exact day is determined by the bailiff, and when he has time to make arrangements, unless of course the 2 parties come to some arrangement themselves. We didn't, so the bailiff has arranged for a set-out of her property this coming Wed, assuming of course that she doesn't move out before then.
I see little chance of recouping my lost rent, late fees, water bill, damages/cleaning, court/aty fees from this jobless person, but hopefully by getting her out quickly, they will be low.
My thanks to those here that have asked/answered questions that have helped me be a better and smarter LL, helping me to avoid pitfalls and handle disputes within letters of the law.

[cjh]

Congrats on your eviction. When Wednesday comes, have different lock sets and a phillips screwdriver in your car to change the locks as soon as the sheriff is finished. You want the place secured as quickly as possible. Bring your camera to photograph the damages right then. Ask the sheriff how long the stuff has to set at the curb before you can call the city for a haul off. Be aware, often they move out the night before. Drive by Tuesday night just to see, but don't stop or interfere.

BTW, having your property in an LLC requires you to use an attorney for all evictions. They used to let us slide on this, but quit last year. In this state you have to be the owner to do an eviction. Since the LLC is the owner, you would be considered "practicing law without a license" if they allowed you to conduct the LLC's eviction business. One of the disadvantages of holding title in an LLC in OH.

Again, congrats.

[hrstwins]

Glad to hear it went well, I am currently getting ready to have my lawyer file with the courts for one of my houses. It is too bad, I am unable to reach the lady, she won't return my calls and conviently doesn't answer the door or isn't at the home.

What city did you do your eviction in?

[younghoss]

Now the set-out has been done. Tenant moved their own stuff out the night before, and the morning of the scheduled set-out. Some damage as expected, but not horrible. All in all this one went well, but of course I would have preferred a tenant that complied with the terms of the lease.