SWBW assists clients with real estate transactions, including the transfer, sale, purchase, or lease of property, and issues with neighbors, tenants, and co-owners
We make sure your contract protects you
If you are looking to transfer, sell, purchase, or lease real estate, it is of the utmost importance that you have a written contract that protects your interests. If you come to us after you have signed a contract and an issue has come up, there are a limited number of ways we can help you, and oftentimes, it will involve expensive and time-consuming litigation. On the other hand, if you come to us before you have signed anything, we can either draft a contract tailored to your specific needs, or we can review and negotiate a proposed contract to ensure that your bases are covered. Do not make the same mistake that thousands of people make each year by using a generic contract template that you find online. Instead, talk to us, so we can determine exactly what you want, what you need, and what language and provisions to put into your contract. After all, unless you deal with contracts on a regular basis, it is difficult – if not impossible – to know what you are missing.
We will guide you through the process of evicting a tenant
Often, we can resolve conflicts with tenants without resorting to eviction, but if you to evict as a last resort, it is important to know what process you need to follow. Ohio does not allow a landlord to perform a “self-help” eviction. That means you cannot simply change locks and lock-out a tenant, turn-off the utilities, or threaten to do either of those things. Instead, you must abide by the process outlined in the Ohio Revised Code. Normally, the eviction process looks like this:
- First, you must establish “cause” to terminate an unexpired lease, such as failure to timely pay rent or failure to adhere to other material terms of the lease.
- Next, you should consult an attorney, because your eviction case could get thrown out if you do not follow proper procedure, or a tenant could file a counterclaim or contest the eviction.
- At a minimum, you must provide a tenant with a “3-day notice” prior to filing for an eviction. The notice must contain specific language and must be served in the proper manner.
- If the tenant has not vacated the premises within 3 days, you can pursue eviction by filing a formal eviction complaint and paying a filing fee.
- Eventually, the court will schedule an eviction hearing to determine whether you have cause to terminate the lease and evict the tenant.
- If a tenant is evicted, then the court will schedule a separate damage hearing to determine what amounts the tenant owes for past due rent and damage to the premises.
- Finally, even if you obtain a judgment against the tenant for monetary damages, you then have to attempt to collect on the judgment.
We troubleshoot all kinds of real estate issues
Owning real estate can be complicated, and it can often intersect with other areas of the law. Maybe you need an access easement, or you want to let someone use your land for hunting, or you have a question about a lien on your property. Maybe you have a property line or fence dispute, or you want to put rental properties in an LLC, or you have a question about oil and gas rights. Whatever the issue may be, we are here to help. Just give us a call at (740) 452-8484, or contact us online.
