Common Landlord Questions

The information contained on this site is not legal advice and does not create an attorney-client relationship with the reader.  Landlord-tenant laws are ever-changing and subject to interpretation, and you should always consult an attorney before taking any action.   The law practice of DIEKER & DIEKER is limited to Ohio.  Please call Larry Dieker at 614-273-0580 if you have any questions. Your eviction may not be "typical" and hence the suggested responses below may not apply.

Q.    If the tenant does not pay the last month's rent and I have a security deposit, should I file the eviction anyway?

A.    The security deposit may not cover damages.  If the tenant is afraid amounts might be withheld, you may have reason for concern as well.  There may also be advantages to beginning the collection process while you know where the debtor is located.

Q.    How long does it take to get possession of my property?

A.    For nonpayment of rent situations, you must first serve the tenant with a Three-Day Notice that has certain language required by Ohio law.  On the fourth business day thereafter, holidays excluded, the complaint may be filed.  Thereafter, depending on the type of service requested, the hearing will be scheduled in approximately two to three weeks.  If the tenant is property served and the landlord prevails at the hearing, a red tag could be placed on the door approximately two business days thereafter, which gives the tenant five days to vacate or face the possibility of a "set out."

Q.    Who serves the Three-Day Notice and how is it served?

A.    Typically, the landlord or the landlord's agent will serve the Three-Day Notice by handing it to the tenant or securing it to the front door of the premises where the tenant is to be evicted.

Q.    Who should be served with the Three-Day Notice?

A.    You should list as tenants on the Three-Day Notice all known adult occupants, whether or not they are on the lease, and all co-signors. 

Q.    If a set out is necessary, who does it?

A.    If a "set out" is necessary, the landlord is responsible for having the necessary person-power, bags, and boxes to remove the belongings in the premises onto the street in approximately one hour.   The landlord is not to do anything unless the court-appointed bailiff is present and supervising the process.

Q.    I often hear people at the courthouse talking about "service."  What is it and how does it affect the eviction process?

A.    "Service" is short for "service of process."  The landlord cannot serve the Complaint.   Before the Court will hear testimony on an eviction action, the Court must be satisfied that the tenant had an opportunity to be adequately apprised of the action.  Certified mail signed by the defendant or personal service by a sheriff, bailiff, or private process server will generally satisfy the court.   In the Municipal Court of Franklin County, Ohio, service is now deemed acceptable if the court-appointed service bailiff posts the complaint on the door and the complaint is simultaneously sent via U.S. ordinary mail (and is not returned); however, this method of service is presently under attack as unconstitutional under the Ohio Constitution, and the Legal Aid Society of Columbus has been objecting to service obtained only in this manner.

Q.    How much time can I give the tenant to pay after we get a judgment for possession?  I have heard that the judgment for possession expires at some point.

A.    Pursuant to Franklin County Local Rule 9.06(4), no writ of restitution shall issue after thirty (30) days from the date of judgment.   Other Ohio counties may vary.  If you wish to work with the tenant but wish to keep the eviction option alive, one option is to have your lawyer draft a payment plan which would be signed by the judge and filed with the court providing that if the payments are not received as agreed, judgment for restitution (eviction judgment) would then issue with right to immediate set out.  Our firm charges a nominal fee for such agreed entries, which fee then added to amounts the tenant must pay to remain in the premises.

Q.    When do I sue the tenant for money owed and possible damages to the property?

A.    You describe two different causes of action, one for possession of the property and the other for rent and/or compensation for damages in excess of ordinary wear and tear.  In some counties, if you file an eviction, the courts have determined that you have elected which remedy you desire and will not allow you to hold the tenant liable for the balance of the lease term.  In other Ohio counties, you can file two causes of action simultaneously (although it is advisable to have a clause in your lease stating that the tenant will remain liable for rent accruing pursuant to the lease until the premises are re-rented or the end of the lease term, whichever is later).

Q.    Are there any hidden legal fees?

A.    Additional attorney fees might be incurred if the attorney is asked to draft additional documents on behalf of the landlord (for example, an objection to the Court's decision or an order of the Court requiring payments by the tenant under threat of eviction).  The attorney may also charge a flat fee or base the fee on a percentage of amounts collected on delinquent accounts after the tenant has been evicted and damages are assessed.  Attorney fees and payment options vary widely.  If the tenant does not voluntarily pay amounts due or make other arrangements with the landlord, our law firm collects delinquent accounts on a 25% contingent fee based on the gross receipts, plus costs expended in the collection (cost of garnishments and the like).  Ohio Rules of Ethics require that the client remain ultimately responsible for costs incurred.

Q.    Do you ever provide free advice?

A.    We provide our clients with free advice on the eviction process so that we might be best prepared when and if the case goes to court.

Q.    Do I have to attend the eviction hearing?

A.    For residential eviction on grounds other than nonpayment of rent, your attendance, as well as the attendance of other witnesses, may be required by your attorney.  For residential nonpayment of rent evictions, you have the burden of proving that the tenant was served with the Three-Day Notice, that the tenant was behind in rent at the time the Three-Day Notice was served, that the tenant is still behind in rent, and that the tenant is still in possession of the premises.  It is possible that your attorney can prepare an affidavit that will suffice at court and save you the time and trouble of attending the hearing.  Our firm often is able to save our clients a trip to court by the use of an affidavit.

Q.    What does your law office need to start an eviction?

A.    To start an eviction, our office generally needs (1) a copy of the Three-Day Notice which was given to the tenant or secured to the front door of the premises from which the tenant is being evicted, (2) a copy of the Lease (if any), (3) the amount owed (if not stated on the Three-Day Notice), (4) the name, address, and telephone/fax/Email of the person authorizing the eviction (if not stated on the Three-Day Notice), including the name of the titled owner of the property, and (5) filing and attorney fee (payable in advance unless an account has been established).  If you use the Three-Day Notice attached to this site or one substantially similar, to get your eviction started we generally need only the Three-Day Notice, a copy of the Lease Agreement, and a cover sheet stating how much is owed and some basic information about yourself or your business.  Evictions may be sent via fax transmission, ordinary mail, e-mail, or dropped off personally.  We will need attorney fees and costs before reviewing your material.. 

If you are currently a client and are sending a residential eviction for nonpayment of rent, you may send an eviction now.

For additional information, please do not hesitate to contact us.

Thank you.
Larry Dieker
Jeannie Dieker
(614) 273-0580
DiekerLaw@aol.com

Copyright 1999-2008 Lawrence Dieker and Jeannie Dieker. All rights reserved.