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OH** we are looking at buying REO houses at auction, but the…

OH** we are looking at...
OH** we are looking at buying REO houses at auction, but the properties are still occupied. what is the process of evicting occupants in Ohio, how long does it take, and is the process any different if the occupants were the former owners before the foreclosure
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Answered in 5 minutes by:
11/22/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,623
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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They become month to month tenants here after foreclosure in Ohio.You must give them 3 days notice to quit and then file for eviction.You are looking at maybe 6 weeks to get them out.

Alternatively you can offer them cash if they leave, cash for keys , you pay them once they are out of house and you change locks.These are the options here in Ohio to get them out.

RC §1923.04 governs initiating an eviction action against former owners who remain in possession of foreclosed property. It states:

(A) Except as provided in division (B) or (C) of this section, a party desiring to commence an action under this chapter shall notify the adverse party to leave the premises, for the possession of which the action is about to be brought, three or more days before beginning the action, by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at the defendant’s usual place of abode or at the premises from which the defendant is sought to be evicted.

Every notice given under this section by a landlord to recover residential premises shall contain the following language printed or written in a conspicuous manner: “You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.”

You begin the eviction process by serving a three day notice upon the former owner. Once that expires, an eviction complaint may be filed in court.A hearing is set and you go get the eviction orders.

I appreciate the chance to help you today.Thanks and thanks for rating 5 stars.

I wish you a Happy Thanksgiving.

Ray
Ray, Lawyer
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Satisfied Customers: 47,623
Experience: Texas Attorney for 30 years dealing in real estate
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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