Evicting a tenant is obviously not an exciting part of real estate investing for the tenant or landlord. What follows is a description of the eviction process itself (especially as it relates to what to expect in Ohio), punctuated with some of my personal comments regarding how I typically handle evictions.

Generally, if I haven’t received rent money from a tenant by the 8th or 9th of the month, I call the tenant. My leases stipulated that the tenant has a grace period until the 5th of the month to mail rent money without being charged any late fees. As long as the envelope is postmarked by the 5th, there is no late fee. Allowing 3 or 4 days (starting on the 5th) for a renter’s payment to arrive is quite liberal and enough time to allow money to be received from intercity mail.

If when calling the tenant I think we are going to have problems, I immediately give a 3 day notice to the property. A copy of the notice is made prior to delivery. The 3-day notice is posted (taped) to the front door of the property if the tenant or other occupant is not there when it is delivered. Any tenant who reaches this point (the start of the eviction process), is advised that the 3-day notice is simply posted as a way to protect my interests in the event that the tenant fails to honor any outstanding money owed.

Attaching a 3-day notice to the tenant’s door does not adversely affect the tenant’s public record. It is not until it is formally filed within 3 days that it becomes public record. The landlord cannot file for eviction until 3 business days have passed from the time the 3-day notice was posted on the property. Once the 3 business days have passed, the landlord can begin the formal eviction process. How does this start? He will take your paperwork, including a copy of the 3-day notice, and present it to you for an eviction hearing. I use an attorney to process all of my evictions. Specifically, one specialized in the processing of evictions. Personally, I prefer to use an attorney who tries to remedy the situation with the tenant before the case is heard. You do not have to use a lawyer; You can do a lot of this yourself and save a few bucks, but I highly recommend using one. If you have never been to your local court system for eviction hearings, I highly recommend it. You’ll quickly get an idea of ​​what happens during these hearings, and you’ll know what to expect ahead of time if you ever get to the point of processing an eviction on one of your own properties.

You can expect about two weeks to pass before your hearing is scheduled. It is important to note that I always keep the line of communication open with the tenant throughout this process. I think this is extremely important. I want the tenant to know that I don’t like going this route as much as the tenant. It is not my goal to kick a tenant out of the property. In fact, I go to great lengths to reach payment agreements or even payment assistance resources with the tenant in an effort to get them back on their feet. Yes, it may take a little help and some of your extra time, but I’d say eight out of ten renters who go through this extra help will appreciate your attempt to help and will ultimately settle their past due balances with you. You walk a fine line here with the tenant in that he or she may also be taking advantage of you. It can be a difficult decision. Sometimes it can just come down to trusting your gut with the situation.

If a ruling (in your favor) is made at the hearing, the judge will give you permission to put a “red tag” on the door. A red tag is just that: it’s bright red and marked with the date that possessions will move from the property if the tenant hasn’t vacated. The tenant has five days from tagging to leave the property. It will usually take him 2-3 business days after the court hearing to place this tag on the front door of his property. Again, I keep the tenant aware of my intentions during this process. You, as the owner, make the decisions regarding whether or not a potential stake occurs. I mention to the tenant that I do not wish to leave the property curbside yet, and if payment arrangements can be made, exit can be avoided. Again you will have to make the call here. Do you want to accept only a partial payment of what is owed and try to arrange a plan to pay off the extra money? Or do you think the tenant just won’t make it and in this case will go ahead with the eviction process?

The final step is the dreaded stakeout. It is extremely rare that it ever has to get to this point. If it gets this far, frankly the tenant deserves it. I have given them every reasonable opportunity to try to remedy the situation or move out of his own volition. If the tenant has not moved out by the date stated on the red tag, you, as the landlord, have the right to order an exit with the bailiff. Again, an attorney who specializes in evictions really helps here. In Columbus, Ohio, you only have a two-hour window Monday through Friday to request and schedule a ride. Also, staking must be scheduled within ten days of the red tag, or you must apply for a supplemental red tag (more money).

When release is requested (usually a day and time agreed upon by you and the bailiff), you are expected to have at least four people dedicated to removing furniture and belongings from the home. You will also be asked to have garbage bags and boxes to pack the items before you take them out of the house. It will be helpful to have good maintenance workers when you get to this point.

As you can see, evictions can be quite a lengthy process, usually taking three to four weeks to complete. This is why I believe it is very important to always maintain good lines of communication with your tenant and try to be as professional as possible in handling the situation. It will be frustrating!…but try to keep an open mind about ways you can help your tenant get through this. A good, positive attitude can go a long way in making this process less stressful for both you and the tenant!