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Newlandlord16

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  1. No I didn't notify them that I was putting the late fees on the eviction notice. But they knew they were late. The lease states .."If you don't pay all rent on or before the 5th day of the month you'll pay a late fee of $50"
  2. In Ohio will a judge dismiss a eviction case if the late fees were included on the 3 day notice? There is no statement in the lease that says if rent becomes late it is considered part of the rent either. I have a court date this coming Tues. and we did put the late fees on the tenants 3 day notice. Now I am being told it is possible the judge will dismiss it for being improper. Thanks,
  3. Yes I understand what it is. My question was if Sat and Sun were counted in the days in Ohio. Thank you for the link as it states the same thing the tenant said, that weekends are excluded. So I will just wait and file on Thurs. if they don't come up with all monies owed. Thank you,
  4. Ok. Thank you for the reply. If I decide to wait just to be sure since I posted it Fri. then I couldn't file till Thurs. morning. Just wanted to see what anyone thought or if they knew for sure. Thank you,
  5. Hi, I issued a 3 day notice to leave for non payment of rent to a tenant. But the tenant notified me today that they talked to an attorney whom told them that Sat and Sun are not included in the 3 day. I issued it last Fri. telling them they had till 9 am tomorrow morning Tues. to pay or I would file then tomorrow. So I live in Ohio and I have asked a couple different attorneys and have gotten different answers. One said yes Sat and Sun are included while another said no they are not. So my question is. If I go ahead and file Tues. assuming that Sat and Sun are included and the tenant goes to court with the dates, will the judge throw it out saying I didn't give the allotted time that I was not supposed to include Sat and Sun. Or is that enough for the judge to throw it out? Does anyone know if you include the weekend in a 3 day notice to vacate in Ohio please? Thank you,
  6. Well the motion he sent to the BK for appeal we got a copy it also was a request to reinstate the stay....but I think if we get the eviction case won before the Bk appeal is set or heard and as long as the civil judge doesn't stay the case then we are ok. So far the civil judge hasn't stayed it but he just sent that over yesterday is what we were informed of by them. Not sure why the civil judge would stay it since the BK has not ordered anything as of yet on it, so we should be free to pursue or hearing. But then again I guess he could if he doesn't want to risk a hearing while someone is dealing with BK...guess we will find out either tomorrow or next week.
  7. Ok I see well the appeal was just filed no rulings yet from the BK Judge, So I would assume then we can go on with the eviction hearing that's scheduled while waiting for the BK Judge to rule. As the tenant has faxed a copy to the municipal court showing they filed an appeal and asking the Civil Judge to stay the eviction hearing till the appeal was heard, but so far the Civil Judge has not and our court date is still set for Dec 14...unless of course that changes...
  8. Ok we got the municipal court to reactive the eviction hearing procedures with a date in 2 wks....I do know the tenant filed an appeal to the dismissal and ban though as we got a copy but my lawyer went ahead and refiled anyway for the eviction hearing to be reactivated. So I am not sure if the appeal will stay the new hearing date or not...guess we just wait to see if he sends a copy to municipal court and what they do if he does..again I am not sure if an appeal will stop all hearings set against the tenant till the appeal is heard or not??
  9. Hi thanks for your answer...so are you saying that could mean he could file a different chapter still even with the ban in effect?...here again is exactly how it is worded on the BK document. "The Court further orders that debtor be barred from filing further petitions for relief for one (1) year from the date of this Order" .. I would think that means any chapter being filed..and yes I am trying to see what actions now I can take to get a new lawyer....
  10. Yes I am but it seems he went and filed an appeal as I feared today to the BK court. My attorney had mailed in the request last week with our check to municipal court to reactive proceedings and I assume the clerk had not gotten to it yet. So we just got notice the tenant or debtor filed for an appeal of the BK dismissal hearing and for a stay to be in effect while the motion is being considered. So since my attorney is not a BK attorney I am not sure what actions she will take from here. Unless we have no choice now to wait to see what the BK Judge rules on his appeal..or if that appeal now gets set before a hearing..
  11. Well we still have to go back to municipal court to have them rule on the eviction since the original hearing was stayed due to BK. So we have not obtained a ruling on the eviction from municipal court yet as he always filed and got the hearing stayed.. So we have filed an order to have the eviction hearing proceedings reactivated per the BK Judge lifting the stay. And this is why I am concerned of course because of the time to get another court date set for eviction he could file all these things again in the meantime.
  12. The exact words in the order are: " barred from filing further petitions for a year " So it sounds like he can't go back and file another chapter either then? I assume he could appeal the BK Judges decision? Seems one can do that. That would buy him more time as I guess I wouldn't be allowed to continue with the writ of possession till that was heard?...Just thinking through all scenarios..
  13. Hi, I have a tenant that has avoided paying rent for a year now by filing repeat BK 13. Finally got an order to lift stay and the trustee got the last one dismissed and also had a motion to barr him from filing anymore BKs. Well the judge ordered he was barred and case dismissed and I could go on and get a writ of possession finally, He is barred from filing further petitions of BK the judge ordered in those words. But he had always filed a chapter 13. Is there anyway he could go back and file a different chapter, like a 7 just to get more time in my unit? Or since the Judges exact words are barred from filing further petitions for a year he is finally done and cannot use the BK law to avoid staying rent free anymore. I know it seems pretty straight forward what she ordered, I am just paranoid he will find a way around it to file somehow again. Thank you for any replies!
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