Landlords who represent themselves often makes several common mistakes when attempting to process their own eviction. An attorney can help you avoid them.
- Using an improper three day eviction notice. Unfortunately, you cannot use any generic eviction notice that you happen to find on the internet. Even those claiming to be specifically for Ohio can be improper. What’s the downside to using a nonconforming three day eviction notice, the magistrate judge will dismiss your eviction action and you will have to start the process from the beginning.
- Using the wrong notice. Some lease violations require a 30 day notice and then a 3 day notice. What’s the downside to using the wrong notice, the magistrate judge will dismiss your eviction action and you will have to start the process from the beginning.
- Misunderstanding how to terminate a month to month tenancy. Many landlords believe they can terminate a month to month tenancy with just 30 days notice so they serve that notice on December 10 and require the tenant to vacate on or before January 10. What’s the downside to doing this, the magistrate judge will dismiss your eviction action and you will have to start the process from the beginning.
- Filing in the wrong court. Did you file your eviction in the Dayton Municipal Court but your rental property is actually in Vandalia? You will be starting over and paying another filing fee.
- Entering the wrong rental address on your eviction complaint. The bailiff will not complete service of the complaint and summons and you will have to amend your complaint with the correct address and your eviction will be delayed.
- Not listing all adult tenants by name on the eviction notice and eviction complaint. You can only evict the named tenants unless you were unaware of the names of all tenants.
- Proceeding with a set out after the eviction hearing but without the assistance of the bailiff. You must schedule a set out with the bailiff and conduct the set out under the bailiff’s supervision otherwise you have wrongfully evicted the tenant despite obtaining a court-ordered eviction.
- Serving another 3 day eviction notice after the eviction has been filed to “correct” the original eviction notice. No, no, no.
- Serving additional 3 day eviction notices after the eviction has been filed because these additional notices will “strengthen” your case.
- Accepting rent after filing an eviction or after serving the eviction notice.
- Entering the property without giving proper notice after filing an eviction.
- Refusing to attempt settlement negotiations with the tenant despite the magistrate judge’s wish that you do so.
- Attempting to file the eviction complaint without the proper number of copies and the proper attachments.
- Attempting to pay for an eviction action with a form of payment not accepted by the clerk of courts.
- Treating anyone employed by the eviction court with disrespect or contempt.
- Dealing with a tenant who has obtained legal representation.
- Ignorance of the specific legal requirements needed to evict a Section 8 tenant.
- Ignorance of how to proceed against the tenant for monies owed.
- Ignorance of the collection process once a money judgment has been obtained against the tenant.
These are some of the reasons why you may consider hiring an attorney to process your eviction case.