Business meeting:
Approve the minutes: Roger 1st, Tom R. 2nd
Treasurer’s report:
- The current balance in our account is $765.45. We paid for the Elks rental through 2025 as they were nice enough to give us a discount if we paid up front.
- If you have not paid your 2025 dues by March 15, you will stop receiving the rental request leads.
- Please pay your 2025 dues – $35 for the calendar year, payable by cash/check at a meeting, mail a check to PO Box 221, or use PayPal (paypal.me/findlayfaaa)
Old Business:
None
New Business:
Nominations for the current slate of officers:
- Jim Staschiak as Vice President; no other nominations for VP
- Ryan Moninger as President
- Katie Erickson as Secretary & Treasurer
- Motion by Tom Ross, 2nd Roger Domke
- Vote: unanimous
Landlord 101 Workshop
- Saturday, February 22, 2025, 9:30 am – 12:30 pm at the public library
- It’s free!
- Register at findlayarearentals.org, click on Landlord 101 in the menu (direct link: http://findlayarearentals.org/landlord-101)
- Multiple people will be presenting on a lot of different topics
- Please register so we can get a count since space is limited
If you have ideas for speakers for future meetings, contact Jim Staschiak or Katie Erickson (findlayarearentals@gmail.com).
The next meeting is Tuesday, February 12.
Motion to end business meeting: 1st Tom & 2nd Joe
Judge Alan Hackenberg and Judge Stephanie Bishop from the Findlay Municipal Court
Hackenberg: We’re very fortunate to have the groups of landlords; you’re good about going through the process. You hire good attorneys and present cases well.
We started seeing more non-English speakers about 2-3 years ago, primarily with the Haitian Creole population that is now rivaling the Spanish. There are some Indians and others. A lot of other towns around Ohio are dealing with this as well.
They had to create time slots on Wed mornings for non-English speakers where they have interpreters present. They average 6-15 individuals through the system, along with more coming through small claims on Tuesdays.
Bishop: The court is required to make sure they can understand what’s happening, so they have interpreters in-person or language lines through the Supreme Court. It’s helpful for them to know ASAP if someone needs an interpreter. The new case designation sheet has a place to indicate this so they can plan accordingly. Hearings with an interpreter take longer than English-speaking ones. It often takes at least twice as long.
Hackenberg: They schedule a bunch of cases all at the same time, getting the quick and easy ones out of the way first. They will schedule one with an interpreter at a separate time so it doesn’t slow down the process.
We know that people play games with their language capabilities, but the court is required to have an interpreter present if the defendant wants one. Sometimes cases have to be continued depending on an interpreter’s schedule.
Interpreting costs cannot be passed on to the parties involved; they have to be covered by court costs, legislative funding, etc.
What is the most important thing that you have to do right every time? The 3-day notice. That is VERY important! It must be properly filled out, properly served, and the complaint filed more than 3 days after. They have to dismiss the case and you have to start again if you improperly fill out the 3-day notice. It’s the most important document.
It must be in conspicuous language where the tenant can contact an attorney if they have any questions. Hearings are generally within 2-3 weeks. If the notice is defective, you need to start over again, so you’re out more time. You could have every ground for eviction, but the court has no jurisdiction if that 3-day notice is not correct.
If you have a 30-day notice, you still have to give a 3-day notice.
Q: Is the 3-day notice required to be in anything besides English?
A: No. The statute for this has not been amended.
If you can have it translated, it’s fine; you can post both. But still post the English version.
Do not use Google Translate for this; you need an actual interpreter. The legal terms do not always translate properly.
Q: Would a landlord have access to a court interpreter who could interpret our template?
A: No. But we can give you names and contact info. They’re independent contractors, so they can be hired.
Comment: This is an opportunity for our group perhaps to run our standard forms through an interpreter to get some basic Spanish and Creole versions.
Hackenberg: It’s possible that there could be legislation that would require legal documents to be in the person’s native language. But that is not in progress yet. Make sure that your state legislators hear your comments about these issues.
Q: What are the top 2-3 reasons for evictions of non-English speakers?
A: Nonpayment of rent is really the big one. But that’s the case for most evictions, language aside.
Q: If you evict someone for nonpayment, has there been a problem with the lease being only in English?
A: They understood it enough to sign it, so that has not presented itself yet.
Hackenberg: The fact that they signed the lease means they understood it enough to enter into that landlord-tenant relationship.
Bishop: They usually follow the terms well until something happens that they don’t. The landlord does not have to provide even a Google translation.
Q: What are the common errors that landlords make?
A: The 3-day notice is the biggest one, and it can’t be corrected or amended. Make sure you post it on the door, even in inclement weather. Make sure you attach it to your complaint. Sometimes, landlords get defensive if the tenant is berating the place. Let them run their mouth and stick to the issue at hand. The pleadings will conform to what evidence is submitted to the court, but you’re stuck with the 3-day notice.
If you have the property in an LLC, you need to have a licensed practicing attorney. You can’t represent it yourself. Trustees need to have an attorney represent them as well (any entity).
Q: Is there proof required as to when it’s posted, like a time-stamped photo?
A: Just the date and your testimony are sufficient, but it’s a good idea to take a picture just in case.
Q: Could you review the 3 methods of service for the 3-day?
A: The 3-day notice is required to be posted on the premises or handed in person. You cannot do it through the mail, not even certified mail. You cannot email or text it.
The service of the complaint is different. If it’s just an eviction (no damages), it’ll be posted and sent by certified mail. If it’s undeliverable, then you need to find a new address or serve them somewhere in person. You can serve them at their place of employment.
If you have someone else serve it, you have to attach an affidavit with certain qualifications.
Q: Is there a certain form to fill out for damages?
A: You can create your own, or there are forms on the website. There is a complaint for just the eviction, or there’s a complaint for eviction plus damages. They’re providing a list of documents that you’ll need for an eviction.
Hackenberg: Once you’re successful with your case and the writ of restitution is issued, the writ will generally be issued that day on a Monday. It will be enforceable in 72 hours (Thursday). The probation bailiff department is set up to do those on Thursdays. They will get your contact information and set the time of enforcing the writ right then and there.
If the parties reach an agreement, there is a consent form for scheduling the enforcement for another day.
They send out two-man probation bailiffs. They show up in their bulletproof exterior vests, wearing a body camera, having a taser, service firearm, and handcuffs. They will not give legal advice, but they are there to enforce the writ. They assume the worst, but generally, things are fine.
If you discover you don’t need them at the set-out date, just call them so they don’t show up anyway. If you didn’t think you need them but then you do, call and schedule a time.
Q: Once the writ is served and been enforced, have you seen anything about landlords mishandling valuable property?
A: There haven’t been any claims come through for this (Hackenberg). Bishop: I did have one where they said the landlord disposed of the property improperly.
Q: What is the landlord supposed to do with the property?
A: Talk to your attorney, they’ll give you good advice.
Q: When the writ is enforced, how long do the bailiffs stay?
A: The bailiffs will get the people out, but they will not move the property out for you. Bring new locks so the person cannot get back in. If the tenant tries to get back in, they’re considered criminal trespassers.
Q: After the process and there are damages, is wage garnishment still a thing to reclaim damages?
A: They have wage garnishment hearings all the time. Once you get the judgment, if you don’t know their employer, you can’t withhold their wages. The maximum is 25% out of their paycheck; that’s for the total garnishment, so if they’re already being garnished for other things, you have to wait your turn.
We don’t see that too often for landlords to pursue that. If you do proceed with a damages hearing, know that estimates are not damages. You have to expend the funds first to get it repaired; then, you can order that as damages and get reimbursed. They can only give damages on actual damages, not estimates. They have to have actual incurred expenses to restore the property.
Q: An average eviction is costing the landlord around $5000 these days. What’s your opinion on making it a felony charge for damages over a certain amount?
A: They’re going to say it’s civil and not criminal, so that will be a very low priority for any state legislature. It really adds up, and small claims really won’t help you out very much. Small claims court still has the same evidentiary burden. There’s a long process to try and get your money back.
In some situations, this is actually a crime of theft. That’s closer to a criminal act than simply causing damages to a property. For some people, that’s just how they live.
Q: Can you comment on normal wear and tear versus damages?
A: How long have they lived there? If it’s just been a month or two and it’s destroyed, that’s different than if they lived there for 5-6 years. We try and look at everything with a reasonableness standard, and you need to have evidence to support it. You may not get granted for all of your damages. You can always come back later as small claims or a civil claim once you’ve done the work to fix it., but you have to file a second claim and pay another fee. If you dismiss your 2nd cause, you have 1 year to bring it back.
Q: What about smells?
A: Don’t bring them into court. 😊 You can’t capture that in pics or video. Your sworn testimony is sufficient, especially if no one is contesting that. You could use UV light to show where cat urine is, for example. It can be considered if submitted as evidence. The more evidence there is, the easier it is to go along with it.
Q: Evict the tenant through the court, and then use paid mediation through the court to work out a payment plan. If they would go back on that, is it contempt of court?
A: No, you’d have to file in small claims. The voluntary program is just that – voluntary, it’s outside of filing a complaint. There is no enforceability if it’s not an actual case, just a program that’s offered to help people try and work things out. But if it’s through the small claims court, then that is a legal document signed by a judge.
Q: What’s the statute of limitations?
A: Generally 2 years for property damages. A civil judgment will go dormant after 5 years. Or it may be 10, but you can renew it. It may depend on the type of judgment. It will often depend on the specific judgment.
Q: Evidence-wise, how are text messages viewed in court?
A: If they can be authenticated, then they can be admitted as evidence.
Q: In the case of sneaking pets in even with a no pets policy, tenants will say it was like that before they moved in. How do you gauge who’s telling the truth?
A: It’s based on credibility. If you testify that you had the carpets cleaned and it was not like that, then that should be sufficient. If they moved in and there was an odor that they didn’t point out, that’s on them.
Lots of criminal offenses can be sealed so you don’t see them on a background check.
Q: How do you provide digital evidence in court?
A: If you want to present something digital, put it on a flash drive. They can make it part of the evidentiary record. Let us know in advance that you have it so they can expect it with their system.
Hackenberg: This group does a really good job, and we don’t have to walk you through the process. You’re all very well-informed, and you hire good attorneys to get the process done and handle it as smoothly as possible.
Handout: What do I need to file an eviction?
- Copy of the written lease (if there is one)
- Notice to leave property – correct notice for correct circumstance (we do not provide this)
- Case Designation Sheet (provided in our office or on our website)
- Complaint form – Forcible Entry and Detainer (Provided in office or on our website)
- Eviction Only – no monetary claim
- Eviction for Back Rent and Damages – monetary claim
- Precipe for Forcible Entry and Detainer/Damages (Provided in office or on our website)
- Multiple Copies of all forms – minimum of 5 copies of everything
- Filing Fee – $110 Eviction only, $165 Eviction with back rent and damages
The only thing we do not provide is the Notice to Leave. We cannot tell you if the form is correct. If you have any questions concerning the forms for evictions, please consult an attorney.