Evictions are never fun to talk about. They’re even less fun to manage. For a few years, evictions were impossible; the COVID pandemic kept us from evicting even the most delinquent tenants.
The eviction moratoriums are long over, and most of the government assistance that was meant to keep people in their homes while ensuring landlords get paid has also ended.
That leaves us with a back-to-normal situation in terms of evicting tenants from your rental property when they’re not paying rent.
“Normal” might be a strong word. Things have changed, and there are some things that have not exactly been the same since the pandemic, especially when we’re talking about protecting tenants from homelessness.
We have some updates on what evictions in Dayton look like now that we’re doing them again. But, we want to remind you of this fun fact, too: ManCo Property Services rarely evicts. We don’t have to because we invest a lot of time and resources screening tenants. We have well-enforced lease agreements and rent collection policies. We make it easy for tenants to pay rent online. We establish good, professional relationships with our tenants and we conduct routine inspections to ensure the lease terms are being followed.
We don’t evict often.
If it becomes necessary, however, we know exactly what to do.
Let’s talk about managing evictions in Dayton’s post-pandemic market.
Sealing Eviction Records in Dayton
Here’s a bit of a plot twist when we’re talking about evictions in Dayton. They’ve become a lot more secretive.
In 2023, there were about 3,000 evictions in the city of Dayton. When you screen tenants, you look for prior evictions. Most landlords and rental property owners will check the national database and deny any applicants who have been evicted from a rental home previously.
Those evictions in Dayton won’t show up in those databases anymore. The Dayton Municipal Court will now seal eviction records, with the goal of enabling people with an eviction history to find stable housing and not have that stigma attached to them as they apply to rent a home.
This means you’ll have to do a little extra digging during your screening process if you want to be sure that your prospective tenant does not have a record of evictions.
We are sympathetic to the idea of fresh starts. However, we also believe that prior evictions increase the risk that you’ll have to evict the tenant you place with such a rental history.
Steps to Eviction Post-Pandemic
When you have a tenant who is not paying rent or who has violated the lease agreement and refuses to come into compliance, you’ll want to take the necessary steps to evict them.
- First, Serve a Notice to Vacate
The eviction process in Dayton starts with sending a Notice to Vacate. Specify the violation clearly, whether it’s a missing rent payment or an unauthorized pet or criminal activity. Dayton law requires that you provide a Three Day Notice to Pay or Quit when rent has not been paid, and if you’re evicting because of a lease violation, you’re required to provide a seven-day remediation period, in which the tenant has an opportunity to come into compliance.
- Next, File a Lawsuit
Once the notice is served to the tenant, you’ll wait for them to respond. They might get in touch to work out a payment schedule. They might catch up with rent. They might move out, although that’s a scenario that’s pretty unlikely.
If you don’t hear from them at all, you’ll want to file a “Forcible Entry and Detainer” action with the courts. This is your next and most important course of action. You’ll want to document your reasons for evicting, and with the filing include a copy of the lease, the notice you served, and any records of missed payments. The goal is to make your case even before the eviction hearing.
- The Eviction Hearing
Unless you and your tenant work something out ahead of time, the eviction hearing will be scheduled. This is where both landlord and tenant present their cases. We always recommend that you consult with a Dayton property manager or a real estate attorney before showing up for court. There’s a lot of preparation and organization that’s necessary. You’ll need documents. You’ll need to be prepared to answer questions from the judge. The tenants might make their own arguments against you, and you’ll have to respond.
- Writ of Possession
Assuming the judge rules in your favor and agrees that the tenants have violated the lease agreement, an eviction will be ordered. The next step is to receive a Writ of Possession and to wait for law enforcement to execute this Writ of Possession, or physically move your tenants out of the property.
Evaluate the Situation and Learn the Law
Evictions have been on the rise since the pandemic, and you have to balance your willingness to enter a lengthy court process with your need to get the property back. Of course you want to remove a tenant who is not paying rent, but are there other ways to reach this goal? Perhaps you can cancel the lease agreement and come to some mutual agreement that they will move out and leave the property in good condition so you can get it rented again quickly.
Relationships will matter. Good communication is important.
This is one of the best reasons to work with a Dayton property management expert. When you have a professional team managing your property, your risk for eviction goes way down. It’s not only due to tenant screening. It’s due to our high expectations and our willingness to communicate those expectations to tenants before they even move in. They understand that rent has to be paid on time every month and that the lease agreement needs to be followed.
We are here to help you avoid eviction and have a pleasant and profitable rental experience in Dayton. Let’s talk about how things have changed for you since the pandemic, and what we can do to improve the way you invest.
And remember: If it’s a property managed by ManCo, life just got better!
