View Full Version : How long do you have to follow through with final eviction after the first is served
atmylimit
Mar 24, 2012, 09:27 AM
Last October we served our 19 year old daughter with eviction papers, the first 30 day eviction notice. Since then things seemed to improve enough that we did not follow through with the eviction. Things have once again turned unmanageable to say the least. My question is whether we have to serve the original 30 day eviction notice to her again or can we just continue the process with the two week eviction now. Thanks.
AK lawyer
Mar 24, 2012, 10:50 AM
Last October we served our 19 year old daughter with eviction papers, the first 30 day eviction notice. Since then things seemed to improve enough that we did not follow through with the eviction. Things have once again turned unmanageable to say the least. My question is whether or not we have to serve the original 30 day eviction notice to her again or can we just continue the process with the two week eviction now. Thanks.
You are probably going to have to do it all over. What state are you in?
atmylimit
Mar 25, 2012, 12:26 PM
We are in Ohio.
AK lawyer
Mar 25, 2012, 01:24 PM
"5321.04 (http://codes.ohio.gov/orc/5321.04) Landlord obligations.
(A) A landlord who is a party to a rental agreement shall do all of the following:
...
(9) Promptly commence an action under Chapter 1923. of the Revised Code, after complying with division (C) of section 5321.17 of the Revised Code, to remove a tenant from particular residential premises,
..."
It seems to me that "promptly" is the operative word here. It's clear to me that the OP has waived the violation and must start all over again.
ScottGem
Mar 25, 2012, 02:05 PM
I agree with AK that you have to start all over. But I want to point out that YOU don't serve eviction forms. You serve a vacate notice. The eviction come3s from the court.