1.In all Eviction
cases, the Landlord is required to serve the Tenant with a notice to vacate. If
the reason for eviction is for non-payment of rent, a three-day notice (do not
count weekends or holidays) must be served. If the reason for eviction for
something other than for non-payment of rent, then you are required to serve a
different type of notice. We cannot and will not advise you of what type of
notice you are to serve. You may want to consult an attorney, we cannot
practice law.
Service of a notice
can be made by the following:
a.Personally
serving the Tenant by hand;
b.Putting notices under the door of the
residence;
c.Posting notice on the door of the
residence;
d.Sending notice by certified mail.
2.After the notice
period has expired, file the Forcible Entry and Detainer Complaint (Eviction)
in the Clerk’s office (Civil Division). Landlord must file:
a.1 copy -
Original copy of eviction complaint for the Court.
b.1 copy -
Eviction complaint for each party being evicted.
c.1 copy – Three
Day Notice (that was served)
d.$159.00 for one
defendant. Additional defendants are $10.00 each.
3.At the time of
filing, the Forcible Entry and Detainer Complaint, the filing clerk will give
you a hearing date - you will also be notified by mail.
a.Only the First
Cause of Action will be heard approximately fourteen (14) days after filing,
usually on Wednesday at 8:30 a.m.
bIf there is a Second Cause of Action (back rent, damages,
etc.), it will not be heard at the first court hearing. Second Cause Hearings are heard 6 – 8 weeks after filing of the First
Cause of Action.
Berea has personal bailiff service. Please call the
day before your hearing to verify that service has been made and that the
hearing will go forward.
4.The Landlord
must attend the hearing. Failure to attend will result in the Dismissal of your
Complaint and forfeiture of your filing fee. You will have to start procedures
all over again. At the hearing, be prepared to show all the evidence of your
claim against your Tenant (Defendant) at this time.
5.When the Judge
grants the Landlord possession of the premises at the hearing, the Clerk then
prepares a Writ of Restitution.The Writ
is given to the bailiff and must be executed within ten (10) days. If the Tenant
has not vacated by the date given in the writ, the Tenants(s) and their
belongings may be physically removed by the bailiff of the Court. You must
contact the Bailiff to set a move-out date. The Landlord must be present at the
move-out (the move-out cannot be executed on a Saturday, Sunday or holiday).
A
good source for all forms used in the Eviction Procedure may be purchased at
the Ohio Legal Blank Company, 1370 Ontario St, Lobby 2, Cleveland, OH44113
(216)
589-5505.
Forms needed are:
a.Notice to Leave
Premises or Termination of Tenancy.
b.Eviction
Complaint (Form 650)
Due to the Ohio Supreme Court Ruling in
the case Cleveland Bar Assoc.vPicklo,
96 Ohio St. 3d. 195, decided on August 21, 2002, no one, other than an
individual property owner or attorney may file a complaint or conduct a case
for an eviction.Thus a corporation or
limited liability company must have a licensed Ohio attorney in an eviction
action at any stage of the proceeding.
This
information is provided as a service and is not to be construed as legal
advice.
If
you have any questions, please contact the Court at (440) 826-5860.
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