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How Can a New Owner Evict Tenants Already in Residence

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  • 07-14-2017, 11:04 PM
    nic0le
    How Can a New Owner Evict Tenants Already in Residence
    My question involves landlord-tenant law in the State of Ohio. I am taking ownership of the duplex that I've rented for 10 years (currently in the works) but there are tenants living upstairs. They do not have a lease, and they are not paying rent. They have damaged the property in numerous ways, the people (my landlord) rented to has essentially sublet the apartment as well. Although, the (original people) are still there as well. It's barely a one bedroom apartment, and there are at least 7 people (kids included) living there. When I officially take ownership I plan on turning the duplex back into a full house. I am not the landlord, I did not rent the property to them, and I don't want to the trouble. Unfortunately, I believe I am going to be stuck dealing with it. What exactly are my options, and how to I even begin!? Thanks in advance for the help!
  • 07-14-2017, 11:55 PM
    adjusterjack
    Re: New Ownership
    Quote:

    Quoting nic0le
    View Post
    I don't want to the trouble.

    Then don't buy it. Because that's all you are going to have is trouble, expensive trouble that may take many months to resolve.

    Quote:

    Quoting nic0le
    View Post
    Unfortunately, I believe I am going to be stuck dealing with it.

    You got that right.

    Quote:

    Quoting nic0le
    View Post
    What exactly are my options, and how to I even begin!?

    You begin with your purchase contract. Make your purchase contingent on the seller getting those people out by close of escrow and if they aren't out by close of escrow you don't close.

    Unfortunately, I'm betting that it's already too late for that strategy because you likely already have a purchase contract in place that doesn't have that contingency and it's too late to put it in now.

    If, by chance, you haven't written the purchase contract yet, you now know how to avoid stepping into the bear trap and having your leg chewed off.
  • 07-15-2017, 12:10 AM
    nic0le
    Re: New Ownership
    I guess I should say "given" the property. It sounds too unreal, and absolutely insane. I'm not actually "buying" the place. I am being gifted the duplex.

    I've definitely been looking into it already. It really doesn't seem like it's going to be too awful. Not the process of it anyway, just worried what they may do to the property. I did run the woman's name, the actual person he rented to .. and she's been evicted 4 times previously around town. So she's pretty much a complete loser who doesn't like to pay rent!
  • 07-15-2017, 03:45 AM
    L-1
    Re: New Ownership
    Try cash for keys. Have your attrorney draw up a letter offering to pay them a specific amount of money ($5K to $10K) provided they vacant the premises by a specific date and leave it undamaged. The letter should make it clear the money will not be paid unless everyone completely vacates and removes all belongings, animals and trash prior to the specified date and that an inspection after that date reveals no damage. Of course, give that they are already trashing the place, you will have to specify what amount of existing damage is acceptable.

    The amount you pay may be cheaper than the cost, trouble and time delay caused by eviction.
  • 07-15-2017, 04:44 AM
    Catmad
    Re: New Ownership
    Listen to adjusterjack. I had tenants in a property I bought that dragged out moving for over 4 months. AND left two dumpsters full of trash. They felt we were not giving them sufficient time to move, filed all the possible delays, and then left the keys the night before the final hearing.
  • 07-16-2017, 04:45 AM
    Catmad
    Re: New Ownership
    At the time he wrote that, that fact was not known, and hadn't posted when I wrote.

    Your better suggestion?
  • 07-16-2017, 10:28 AM
    adjusterjack
    Re: New Ownership
    Quote:

    Quoting nic0le
    View Post
    I guess I should say "given" the property. It sounds too unreal, and absolutely insane. I'm not actually "buying" the place. I am being gifted the duplex.

    By whom?

    And why?

    The owner has a reason for unloading the property on you for free.

    You have the option of declining the gift until the upstairs tenancy is resolved.

    Once you own it you could end up spending umpteen thousands on getting them out and addressing the mess they leave behind.

    Quote:

    Quoting nic0le
    View Post

    I've definitely been looking into it already. It really doesn't seem like it's going to be too awful. Not the process of it anyway, just worried what they may do to the property.

    Yes, worry. At least one consequence has already been revealed in a previous response.

    Quote:

    Quoting nic0le
    View Post
    I did run the woman's name, the actual person he rented to .. and she's been evicted 4 times previously around town. So she's pretty much a complete loser who doesn't like to pay rent!

    So, you've been warned. Heed it.
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