Squatters 3-Day Notice (by Mark [OH]) Nov 3, 2010 2:03 PM|
Squatters 3-Day Notice (by Mike45 [NV]) Nov 3, 2010 3:17 PM
Squatters 3-Day Notice (by John... [MI]) Nov 3, 2010 3:31 PM
Squatters 3-Day Notice (by OPM [OR]) Nov 3, 2010 4:14 PM
Squatters 3-Day Notice (by Virden [OH]) Nov 3, 2010 7:14 PM
Squatters 3-Day Notice (by mike [OH]) Nov 3, 2010 8:40 PM
Squatters 3-Day Notice (by John... [MI]) Nov 4, 2010 6:56 AM
Squatters 3-Day Notice (by Mark [OH]) Nov 4, 2010 12:03 PM
Squatters 3-Day Notice (by mike [OH]) Nov 4, 2010 2:53 PM
Squatters 3-Day Notice (by Gwen [OH]) Nov 4, 2010 3:10 PM
Squatters 3-Day Notice (by Mike45 [NV]) Nov 4, 2010 6:40 PM
Squatters 3-Day Notice (by ManateeAlley [FL]) Nov 4, 2010 9:19 PM
Squatters 3-Day Notice (by Chris [CA]) Nov 4, 2010 11:40 PM
Squatters 3-Day Notice (by DARYL JAMES [CA]) Jan 23, 2013 12:23 PM
Squatters 3-Day Notice (by Bob [CA]) Mar 4, 2013 8:17 PM
Squatters 3-Day Notice (by Mark [OH]) Posted on: Nov 3, 2010 2:03 PM
This is a follow up question to my "What To Do" question from the other day.
I'm about to serve a 3-Day notice to my tenant who has unauthorized people living in her unit. These people "CLAIM" they don't live there. When I file the complaint with the court how should I put these squatters in also? It seems to me a few years ago I went through an eviction in Cleveland at one of my other units and I listed the squatters as Jane Doe #1, Jane Doe#2/ John Doe#1, John Doe #2. Any suggestions? Thank you in advance.
Mr. VIRDEN... Can you e-mail me your phone number? I have some questions for you regarding some answers you've responded to. You seem fairly knowledgeable and I would love to talk to you. Thank you firstname.lastname@example.org --99.19.xx.xxx
Squatters 3-Day Notice (by Mike45 [NV]) Posted on: Nov 3, 2010 3:17 PM
My Notice to Pay of Quit is addressed to:
"John Tenant, Jane Tenant and all other persons in possession of the property commonly known as 123 Main Street, Anytown, NV"
Squatters 3-Day Notice (by John... [MI]) Posted on: Nov 3, 2010 3:31 PM
"John Tenant, Jane Tenant, ET AL."
Works on the original notice and on the eviction notice -- no problem.
Squatters 3-Day Notice (by OPM [OR]) Posted on: Nov 3, 2010 4:14 PM
Hi Mark... and thanks for the post
In addition to the other fine suggestions.. may I suggest you add to your rental agreement, if OH law does not forbid it.. a clause like the following;
“SQUATTER” : as the tenant/s, you are responsible to the landlord, for who and for how long you allow someone on the property.
A SQUATTER IS DEFINED IN FOR THIS AGREEMENT AS:
“A PERSON OCCUPYING A DWELLING UNIT WHO IS NOT SO ENTITLED UNDER A RENTAL AGREEMENT OR WHO IS NOT AUTHORIZED BY THE TENANT TO OCCUPY THAT DWELLING UNIT.”
UNDER THIS AGREEMENT, A SQUATTER NEVER HAS THE RIGHT TO OCCUPY.
IF THERE IS A SQUATTER OR PERSON/S ON OR IN THE PROPERTY, AFTER YOU MOVE, THAT YOU ARE, OR HAVE BEEN ,CONNECTED WITH, OR YOU ALLOWED, YOU WILL BEAR THE COST OF REMOVAL AND REGAINING POSSESSION OF THE LANDLORD.
TAKING POSSESSION OF PREMISES FROM UNAUTHORIZED POSSESSOR.
(1) IF AN UNAUTHORIZED PERSON IS IN POSSESSION OF THE PREMISES, AFTER AT LEAST 24 HOURS’ WRITTEN NOTICE SPECIFYING THE CAUSE AND THE DATE AND TIME BY WHICH THE PERSON MUST VACATE, A LANDLORD MAY TAKE POSSESSION IF:
(A) THE TENANT HAS VACATED THE PREMISES;
(B) THE RENTAL AGREEMENT WITH THE TENANT PROHIBITED SUBLEASING OR ALLOWING ANOTHER PERSON TO OCCUPY THE PREMISES WITHOUT THE WRITTEN PERMISSION OF THE LANDLORD; (GUESTS) AND
(C) THE LANDLORD HAS NOT KNOWINGLY ACCEPTED RENT FROM THE PERSON IN POSSESSION OF THE PREMISES.
(2) SERVICE OF NOTICE UNDER THIS SECTION DOES NOT CREATE A RIGHT OF TENANCY FOR THE PERSON IN POSSESSION OF THE PREMISES
Squatters 3-Day Notice (by Virden [OH]) Posted on: Nov 3, 2010 7:14 PM
The Ohio law does not cover visitors, however it will adhere to a 14 day guest as a guest, prove this by sending a birthday card cert mail once you have a name, you can scavenge this by delivering a pizza yourself and when they say they did not order let them keep it while you get the name to update the pizza shop records. --65.43.xxx.x
Squatters 3-Day Notice (by mike [OH]) Posted on: Nov 3, 2010 8:40 PM
I also use the et. al
eg, jane and john doe et. al
this will cover anyone else in the unit. --72.49.x.xxx
Squatters 3-Day Notice (by John... [MI]) Posted on: Nov 4, 2010 6:56 AM
And, just to be clear and to avoid any problems with nit-picky county clerks or other people, it should be written as "et al." (with no period after "et" and a period after "al").
So: "Joe Tenant et al."
I agree that it shouldn't matter -- but some people are WAY too tenant-friendly and have argued before that it has to be perfect to evict non-listed parties...
Squatters 3-Day Notice (by Mark [OH]) Posted on: Nov 4, 2010 12:03 PM
What doe et al. mean? And is it ET AL. or et al.? --99.19.xx.xxx
Squatters 3-Day Notice (by mike [OH]) Posted on: Nov 4, 2010 2:53 PM
I had my period in the wrong place but here is a definition, actually the person that handles evictions at the court house told me about using this to be sure I am including everyone in the apartment.
“Et al.’ is a scholarly abbreviation of the Latin phrase et alia, which means “and others.” It is commonly used when you don’t want to name all the people or things in a list, and works in roughly the same way as “etc.” “The reorganization plan was designed by Alfred E. Newman, General Halftrack, Zippy the Pinhead, et al.; and it was pretty useless.” The “al.” in this phrase needs a period after it to indicate it is an abbreviation of alia; but it is incorrect to put a period after “et.” --216.68.xxx.xx
Squatters 3-Day Notice (by Gwen [OH]) Posted on: Nov 4, 2010 3:10 PM
Don't use John Doe if you don't have to. Saw a Cleveland eviction get put on hold for months because an unknown guest died in the unit and he had no name for him. Apparently you have to go through a lot more hoops to evict this way. Because now they don't know who to legally serve or something like that. Et all or and all others should work fine. --151.213.x.xx
Squatters 3-Day Notice (by Mike45 [NV]) Posted on: Nov 4, 2010 6:40 PM
Mike [OH] is correct.
"et" (no period) = "and"
"al." (period) = "alia" (no period) = "others"
So "et al." = "et alia" = "and others"
"et al." is normally used for a short form caption in court documents after the long form caption has already been set forth in prior documents. Oy, that didn't come out well. In the first pleading, you need to list every palintiff and every defendant in the caption. Then, for all subsequent documents you file in the case, you just mention by name the first plaintiff and defendant, and use "et al." to indicate that there are others. "John Smith et al. vs. Jane Williams et al."
The problem with using Doe Defendants is that you normally are required to identify those named as Does, sooner or later. "And all others in possession" is normally deemed to be sufficient.
Squatters 3-Day Notice (by ManateeAlley [FL]) Posted on: Nov 4, 2010 9:19 PM
To identify persons occupying real property as "squatters" affords them legal status with whatever protections as are defined by the state, I'd stick with "et al" --174.61.xx.x
Squatters 3-Day Notice (by Chris [CA]) Posted on: Nov 4, 2010 11:40 PM
Can you establish a relationship with the local Sheriff's community affairs officer? I would ask her some questions... about your rights as a LL to BAN certain people.
Set up a sign regarding unauthorized people or something and Cops can make arrests when someone is loitering.
Can someone with time like a disabled tenant keep a log book on their coming and going? I drove out and checked a squatter's motorcycle at 5 am for days...
Join a LL Association, good luck!
Squatters 3-Day Notice (by DARYL JAMES [CA]) Posted on: Jan 23, 2013 12:23 PM
Squatters 3-Day Notice (by Bob [CA]) Posted on: Mar 4, 2013 8:17 PM
Is there a certain form that I need to fill out as a Squatters 3 day notice to vacate? My ex-wife allowed a friend to stay for a week while his place supposedly was being cleaned up so he could move back in. This was a lie and he is still there 3 months later. She has told him to leave and he won't/hasn't done so. Very frustrating. --63.249.xx.xxx