"Time is of the Essence", we've all heard that little saying. In fact, the phrase is so popular that it is incorporated into many legal documents, including my lease. One of my tenants discovered the harshest meaning of this phrase this morning in court. The eviction proceeding was scheduled for this tenant at 10 am this morning. I arrived at the courtroom at about 9:55 am, which was about 10 minutes later than I intended. My attorney's office is literally only 1/2 a block from the courthouse and she always makes me nervous by arriving at the last possible moment. She arrived at about 9:57 am. At exactly 10 am, the magistrate (judge) called the case for trial. The defendant (my tenant) was a no show. Literally, within 2 minutes, the case was over and I had won by default.
Immediately after the eviction trial was over, my lawyer and I proceeded downstairs to file for the writ of possession. This is the piece of paper that causes the tenant to be actually thrown out. That took longer than the trial. At 10:15, as I was walking out of the courthouse, I passed my tenant as she was walking INTO THE COURTHOUSE. I told her that it was all over and that she lost!!! Sleeping-in cost my tenant the chance to be heard in court. Although this was certainly lazy on her part; her late arrival didn't change the outcome of the eviction. Even if she had been there, she would surely have been evicted. In Ohio, if you don't pay - you don't stay!
Subscribe to:
Post Comments (Atom)
2 comments:
My first eviction hearing is on 8/22. I'm excited to get this horrible inherited tenant out of my building. I'm not sure how many days Ohio will make me wait after I win the hearing before the Sheriff will put her out. No matter what, it will be a satisfying day to see her kicked out of my building.
In Ohio, by law, the court only has 10 calendar days to set the tenant out.
Mike
Post a Comment