Landlord Need Advice On Eviction?

[rheged]

I read that under Ohio Law only the Owner/Agent or Attorney may file an order with the court to have a tenant removed from the property. I am a private owner (non-corporation) and my name is the only name listed on the deed of the house. I am married but my wife name is not listed on the deed. My name is the only name listed on the lease agreement. I am currently out of town and we need to evict a tenant for non-payment of rent. Can my wife go to the court in file the eviction order as the owner even if her name is not listed on the deed? Or should I wait until I come back into town which would be in two weeks to file the eviction order myself?

[dubh35]

Yes, your wife can file the paperwork, she is the Owner Agent also. Just to avoid any possible arguments, list her on future contracts as the Owners Agent.

[adin55]

That you are married would only be relevant if you purchased this rental property after you were married. In any case why doesn't yur wife just overnight you the paperwork and you overnight it back after you sign it.

[anson34]

Ohio law requires the landlord to issue the tenant a 3 day quit notice to put the tenant in question on notice of the landlord intent to file for eviction. Typically the reason for the dispute is stated on the quit notice. Such that if the issue is unpaid rent or fees, it is known as a pay or quit notice with the dollar amount owed included.

You wife is not in a position to sign the papers filing the eviction, but could fax them to you to sign, and she could take care of the rest. Or you could provide her limited power of attorney to act on your behalf. I suggest the fax machine.