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Author Topic: Eviction (OH)  (Read 5032 times)

Offline Terra Nova

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Eviction (OH)
« on: February 11, 2004, 06:52:45 pm »
I have a tenant from hell. Wondering if anyone can offer some advice.
The situation is this: tenants stop paying rent in January. I personally served the an eviction notice on 1/6. Got a court date on 2/3. Tenant was no show for court and I received a writ of eviction. Tenant requested new trial. Court date was 2/10. Tenant not present when case called. Judge dismissed request for new trial. Tenant walked into court after case was over. I left the courthouse. Later that same day the judge granted a vacated the eviction writ and set a new trial date for 2/18! Reason unknown.

The tenant claimed (in writing to the court) that she was not aware of the 2/3 court date because she was not living in the apartment at the time notice was served. She lied, she called me the morning of 2/3 and asked me if I was still going to court that day since she had moved out. Also in her written request to the court on 2/3 for a new trial (the first time) she said she "did not want possession". The tenant contacted Legal Aid who left a message for me this evening, informing me of the vacation of the writ (I confirmed on the court website).

What is going on here? Why would the judge grant a new trial when the tenant said she doesn't want possession and has moved out? Does anyone understand this or have any recommendations? Please call me if you can help or know the process.

Offline tedjr

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Re:Eviction (OH)
« Reply #1 on: February 12, 2004, 09:25:31 am »
That is strange indeed. Tenants have way too many rights. I have heard of something similar to that once but the case got heard right away. Tenant actually had a good excuse for the no show other than a flat tire. Hospital or something. They still should have had someone contact the court. Sounds like they know the system. Even if they have vacated they still have right to possession. The second time is just a scam and I do not know how they are getting away with it. Just show up and plead your case and I hope you win. Hopefully not a jury trial I have never won with a jury even though they had not paid rent and I did nothing wrong. To go forward is your best bet.

Good luck and thank you,
Ted P. Stokely Jr
11505 Sw Oaks
Austin, Texas  78737
512-301-9171 home
512-587-6177 mobile

Ted P. Stokely Jr

San Antonio, Texas

Offline Terra Nova

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Re:Eviction (OH)
« Reply #2 on: February 12, 2004, 06:08:00 pm »
Ted,

You're right about the tenant knowing the system. She has it memorized - she's no stranger to the courthouse.
How's the rental market in Austin? My wife and I lived there for 13 years in the 80's and 90's.

Offline tedjr

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Re:Eviction (OH)
« Reply #3 on: February 12, 2004, 06:14:12 pm »
i lost all my rental in Chapter 7 a few years ago.  have been getting a few of them back and some I do not even want. i bought a condo and am fixing it up and going to resell it for about a $10 to $15 thousand profit. Have three other buildings under contract and trying to fet those closed ina week or so. Too many deals and not enough money.
I feel for you in your court deal. Hang in there and you will be OK Thanks for responding to my post.

Ted Jr
Ted P. Stokely Jr

San Antonio, Texas

Offline Guy G.

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Re:Eviction (OH)
« Reply #4 on: February 12, 2004, 07:13:15 pm »
Now you see why you can't walk into a grocery store without signing an arbitration or indemnification agreement.  You have to protect yourself seven ways from Sunday and still hope that the truth has a sliver of a chance at being heard.  I assume you went to JP court, few of which have anything to do with Justice or Peace.  You are but one more....shall I say victim... of the inequities of the system.  But then again, I'm not the best person to comment on your situation because I've put good money after bad (hiring an attorney) just to make a former tenant's life miserable and to keep them guessing.  Some say it's not worth it....I say in some cases it is more than worth it.  Don't forget to report the tenant to the credit bureaus.  Good Luck and let everyone know how it turns out.
The best way to forget your own problems is to help someone else solve theirs.

 




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