As more people continue to fail in mortgage payments, many have opted to resort back to renting rather than owning homes. Renting a place extracts a mutual responsibility from both tenant and property owner. This means that while tenants have rights in certain considerations, property owners also have their own set of rights. When a tenant does not fulfill the obligations in the contract, eviction may be a possibility. While many states differ in rules regarding eviction, it is best to have a general idea of how it may take place
If you wish to have a rental business in Ohio here are some useful tips regarding eviction rights:
- Know your rights as a property owner. A property owner in Ohio may evict a tenant under certain conditions that include delinquent payment in rent, property damage and even drug use. It helps to keep abreast with the latest in housing rules because it will help guard the property interest. For example, in 1990 Ohio provided a clause in the property owner rights wherein the owner can evict a tenant because of illegal drug use within the premises. Although eviction will go through in court proceedings, it helps to know that such a clause exists. Updated knowledge on the law may even protect the property from unwanted litigation in the future.
- Give a notice of eviction. The three–day notice of eviction will serve as the intent of the property owner to the tenant. This notice will contain at least three parts. The first part will ask the tenant to leave the premises. The second should stipulate the reason why the owner will evict the tenant. Under Ohio rules, the reason for eviction can fall into the three categories mentioned above. The last part should also state that the tenant could seek legal assistance regarding the eviction.
- Get the order of forcible entry. If the tenant does not evict the premises within the three days allotted, the owner should file a forcible entry in court. Note that filing this order requires a payment. Check your budget ahead of time to make sure you can pay the needed fee.
- Be in court. There will be court hearings that will require your presence so make sure to attend these. The hearings will give you the proper venue to present your evidence in court. It will also give you a chance to air your concerns regarding the supposed violation of the contract. In attending the hearings, make sure to bring all the relevant documents needed, like the contract between you and the tenant.
- Obtain a court order. Remember that before an owner can evict a tenant, the court must first issue a legal order. This means that a property owner cannot remove tenants forcibly. Until the court gives an order, this also means that the tenant’s effects may stay within the property. Do not take any action until you have a court resolution in your favor.
- Protect the property. Under Ohio law, the property owner should have a bailiff of the court present when changing the property’s locks. The presence of the bailiff ensures that the evicted tenant’s personal effects are no longer in their property.
Evictions are hard to settle in court because it takes time. Knowledge of the law can help, but if you feel that this is not enough, then contacting a lawyer may help you. Lawyers that specialize in property should be able to give sound counsel regarding property owner rights.