Generally, these types of questions will be governed by your Lease Agreement. I usually include a provision that states that Landlord can enter the premises by first posting a 24 Hour Notice that Landlord will be entering the premises on the door. At that point you can enter to do repairs or conduct inspections whether or not the tenant is home.
1. Register your business with the Secretary of State. This document is generally called the articles of incorporation or the articles of organization.
2. Apply for a Federal EIN from the IRS. This is your Employer Identification Number.
3. Have an Attorney draft an Operating Agreement, By-Laws or Code of Regulations to govern your business.
4. Open bank accounts.
5. Hire a C.P.A. if you haven’t done so. An accountant (and attorney for that matter) are your best friends when it comes to operating your business and you should feel comfortable coming to them with any and all questions that you have.
Hamilton County is now charging $50 for set outs. This must be paid prior to scheduling the set out. You will get a form with all the directions upon the Court issuing your writ.
An Operating Agreement is a document that governs a Limited Liability Company. Operating Agreements are important because they dictate what happens when disagreements arise, when an owner wants to leave the business (whether by death or sale), and how the business is to be run. Operating Agreements are very flexible and are customized to meet the needs of your business.
Collections can be handled in one of two ways. First, when someone is evicted, you can pursue past due rent and damages through a “Second Cause Hearing” (the first cause being the eviction). If no eviction took place, you can sue for damages in small claims Court. In either case, this is where you go to Court and present your case to the magistrate and request judgment in your favor.
You can obtain past due rent and damages to the premises at a Second Cause Hearing or Small Claims Hearing. Past due rent can be awarded. You cannot get the full lease amount unless the tenant stayed in the premises for the entire duration of the lease. You can only get rent for the months the tenant lived in the unit and the months the unit remained vacant while trying to re-lease it. There is a duty to use best efforts to re-let the premises. You can also obtain judgment for any damage to the premises. The damage must be beyond ordinary wear and tear and we must prove that in Court. Typically you prove this through pictures of the damage along with invoices and testimony of the property manager as to the condition of the premises. You cannot collect for labor that is self-performed. Therefore it makes sense to use a maintenance person to perform your repairs. After all the evidence is presented the Magistrate will make a decision as to whether the amount requested is truly damage above and beyond ordinary wear and tear.
If judgment is granted, you then have to obtain information to collect on the judgment. You do this by requesting a Judgment Debtor Examination. The Court sends out notice of the Judgment Debtor Examination, and a Court date is scheduled. If the Defendant shows up for the hearing, you then question the Debtor regarding their assets and income. If they have non-exempted income or assets (for instance, social security income is exempt, as are other government assistance programs) they can be garnished via bank garnishment or wage garnishment. If there is no money in the bank account at the time of the garnishment, you have to try again. For this reason, wage garnishment is a better choice. You can garnish up to 25% of a Debtor’s take home pay per period.
Many times, a Defendant is uncollectible. This means they either only have exempted income or you do not have information on their income and assets at all (for instance, if they fail to appear at the Judgment Debtor Examination). For this reason, the only good time to actually pursue a Second Cause Hearing is when we know for sure ahead of time that the Defendant has garnishable income/assets and we have their bank account or employment information ahead of time. This is very rare. For that reason, the best avenue for most cases is to turn the debt over to a Collection Agency.
A collection agency will do everything including cold calling and reporting to credit bureaus to collect the debt. A person may still be uncollectible, so the collection agency is not always successful.
Once you have your court date and a writ is issued, the tenant will either leave voluntarily or will stay, forcing your to physically set them out. Set Out Procedure is essentially you, the landlord, contacting the Bailiff the day after the 3rd or 7th day of the writ, and asking to schedule a time to set out the tenant. In Hamilton County, you are required to bring people/employees to help move the property out, and boxes and/or garbage bags to put belongings in. They are put in the front yard and it is the tenant’s responsibility to remove them from the property. The Bailiff simply facilitates the procedure. You, as the landlord, WILL DO THE PHYSICAL moving of the property. Keep this in mind when determining how many people you want to help you with the set out. The more people, the faster the process goes.
It has been a while since I wrote a music post. So here you go!
Radiohead has a ridiculous amount of amazing music out there. These are just a few of my very favorites.
This is a somewhat newer song, “Lotus Flower.” I LOVE the video. However, not everyone thinks Thom Yorke is the fantastic dancer that I do.
Now on to some older songs. My current favorite song is “Let Down.” No video here, just the audio (and that’s all you need!)
Another one of my current favorites is “Fake Plastic Trees.” Here is a live version.
A somewhat famous song amongst folks in the age range of 25-35 is “Exit Music (for a film),” which was featured in the 90′s remake of Romeo + Juliet with Leonardo Dicaprio and Claire Danes. One of the best songs made for a movie ever. It is quite beautiful.
A favorite of many musicians’ is “Street Spirit (Fade Out)”
Finally, I leave you with “True Love Waits.”
I hope you enjoyed these videos! I enjoyed researching and choosing which to share with you!