We have submitted a Lease Termination, with 30 day notice to our tenant who has not paid rent, or acknowledged any written documentation since June 2.We sent a Certified Letter (LEase Termination) to arrive Friday June 6.This is in Ohio.We'd like to move forward with a stronger stance to make sure he is aware that he must pay rent, and leave the property by July 3. We'd like to contact his employer and begin process for garnishing wages.What are the next steps for us?
Full Conversation
We have submitted a Lease Termination, with 30 day notice to our tenant who has not paid rent, or acknowledged any written documentation since June 2.We sent a Certified Letter (Lease Termination) to arrive Friday June 6.This is in Ohio. We'd like to move forward with a stronger stance to make sure he is aware that he must pay rent, and leave the property by July 3. We'd like to contact his employer and begin process for garnishing wages. What are the next steps for us?
So, legally speaking, Nothing Stops you from contacting the employer, but that doesn't necessarily change the fact that if you want this guy to leave and they don't leave on their own, you're going to have to go through a court process to evict them. The law doesn't allow you to garnish wages unless you actually won the lawsuit, and then you still have to wait 30 days after the lawsuit is over to even begin garnishing wages. So there's nothing wrong with wanting to take a stronger stance, but right now you might be moving a little bit too fast and it could end up hurting yourself more than it would hurt him. So, for now, you can contact his employer, but think about what it is that you want to tell the employer and why you want to tell them, and what you expect the employer to do. Also come and try to keep track of where they work, because once you do get a judgment for the money that's owed, then you could seek a writ of garnishment against them.
Okay - so let me clarify: There is nothing we can do now? Really? That seems very odd. That nothing can be done. Even a letter served to the tenant letting him know we will be talking with his employer, (merely to ask if he is still employed and collecting pay), and moving forward with the eviction process? Thanks again.
Correct! Not in so far as removing him or collecting the money right now, period, you can do it, but the wheels of justice turn a little bit slowly. Practically speaking yes, you could contact their employer or even let them know you intend to do so in this case. It's not illegal to do any of them, then whatever it takes legally to help get them to pay is smart.
Okay. We have consulted with a real estate professional / attorney who knows a bit more and has brought more clarity to this than our chat on this forum. Thanks for trying to be helpful Dolan.