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Follow up on very old eviction post, I was the landlord....

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Taraboh

Junior Member
What is the name of your state (only U.S. law)? Ohio

Hello everyone, I got good advice from this site back in April of this year on how to evict a tenant who didn't pay rent, but I didn't have a written lease agreement. I followed advice and the law and had the tenant out of my house within 30 days.

We finally went to court this past Friday about collecting money owed to me. I received a judgement but not a full judgement because the tenant swore up and down that she moved out of my house at the end of April, (which is a lie and I can get proof). But she was evicted in court on May 10, and the door was red tagged on May 12, giving her until May 16th to move out. After filling on April 24th, to attend eviction court on May 10 (exactly 2 weeks), I never went back over to the house again until May 16th, because I wasn't looking for confrontation, I figured the judge would handle things from there,and I also had pictures of my items in the house (appliances, new boxed furniture, unharmed), dated for April 20th. Therefore, I felt if any of these items were damaged or missing after she was forced to leave by the judge I was going to hold her responsible for items.

Long story short, because I thought the eviction by the judge in May was overwhelming proof that she resided on my property until she was forced to leave I didn't have any witnesses in court of any notarized statements from people who could prove that she was there up until May 15-16th. I went there at 5pm on May 16th to see if I was going to need the Sheriff to come and physically put her out on the 17th. All her belongings were gone except a few items left in my unlocked garage, her boyfriend was there the next morning when I got there at 9am, getting items out of the garage. I told the judge this and the judge still believed that she was gone at the end of April. the judge said it was up to me to have gone by the house to see if she was still there? Therefore I received no monies for rent or utilities incurred for the month of May.

So to all landlords, if you evict your tenant and the the wait to go to court continues over to the next month, please make sure you ride by your place and maybe even take pictures of tenent going in and out daily or on moving day. This way the tenant won't be able to lie and say they moved out before they actually did. The burden of proof is on you and evidently the eviction judgement is not your proof. Had I known this I could have had notarized letters from at least 5 different people included the next door neighbor.

I'm only out $550 dollars, but I would like the court to know that she perjured herself. Should I pursue or just let go and collect my money? What is the name of your state (only U.S. law)? Ohio
 


Banned_Princess

Senior Member
I'm sorry that the judge didnt award you mays rent and utilities.

It is my suggestion you just let it go. Learn for next time, or dont allow there to be a next time :)
 

Taraboh

Junior Member
Thank you:

I'll let it go, It definitely won't be a next time but I'm filing today to garnish her wages!!
 
Last edited:

acmb05

Senior Member
Thank you:

I'll let it go, It definitely won't be a next time but I'm filing today to garnish her wages!!

Good idea, and if she quits her job then immediately file to have her taxes garnished. his is a long process and you probably would not get it done in time for this year but you would get it next year.

In my county when you go to court and an order of possession is issued the judge will allow you at that time to amend your paperwork to show that money owed will be until the date of eviction on the court papers. If the tenant moves out before that date it is up to them to prove it and get a reduction in the amount owed.
 

Taraboh

Junior Member
Thanks for the great advice about the tax garnishment, I learn something new everytime I post. Hopefully another landlord will read this post and not make the same mistake I made.

Thanks again!!
 

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