I have a situation where I have been renting a single family home to the same tenant for about 5 years. They are 2 mos behind on their rent and I want to begin the eviction process. In ohio I have to serve a 3 day letter telling the tenant to pay up or quit. We are now on a month to month lease because the original lease has expired and I won’t let them sign a new one until they are paid up.
What is my best route to evict?
Also, I have recently formed an LLC, but I am only using it to manage one of my other properties. Would it be beneficial at all to make the LLC the property manager of this home also or would I need a whole new lease agreement and in turn delay the eviction?
In ohio I have to serve a 3 day letter telling the tenant to pay up or quit.
That isn’t quite right. In Ohio, you do need to serve a 3 day notice, but it is not a “pay or quit” notice. Also, there is very specific language that is required to be included in this notice. Failure to include that language will result in your eviction being denied.
If this is your first eviction, then I would strongly suggest having a good real estate attorney (experienced in evictions) help you. As an alternative, you could have an experienced local investor help you.
I don’t know OH law, but many states will not allow an LLC to be represented by a member, manager, or agent (e. g. a property manager). An attorney must represent it. That can add significantly to your costs.
I am in the middle of an Ohio eviction. My property manager filed for the eviction and was told by the courthouse personnel that she could not handle it “because the owner is an out-of-state landlord.” I was required to get an attorney.
BLL is correct, I must use an attorney for my evictions because they are all owned by LLCs. That is not the case if you own the property individually, which is what I understood the question to be. However, regardless of what is legally required, I would still strongly recommend having an attorney for the first one.
I just did another eviction this morning. The tenant showed up at 10:15 as I was walking out the door of the courthouse. Unfortunately, this lazy tenant arrived 15 minutes after the 10 am eviction proceeding. The entire eviction probably took 2 minutes and needless to say - SHE LOST! That’s one good thing about evictions in my area - they are always in the morning. Tenants being tenants - that’s much earlier than many of the lazy deadbeats can drag themselves out of bed.