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Purpose and Issues Discussed

by | Feb 6, 2017 | Criminal Defense

This purpose of this blog post is to inform and educate you and your property management team as to how the evictions process works in Ohio Municipal Courts.

  • Evictions Procedure
    • Complaint for Forcible Entry and Detainer

The proper legal name for a Complaint to evict a tenant is a “Complaint for Forcible Entry and Detainer.” To file said Complaint, you must attach a copy of the tenant’s lease, as well as the 3-day notice, properly dated and signed by the person that served it on the tenant.

Upon filing the Complaint, a deputy from the Crawford County Sheriff goes out and personally serves it on the tenant in question. The filing fee serves as a deposit to cover the cost of the Sheriff, as well as the nominal Court costs incurred in any Court proceeding.

  • 1st Cause of Action Hearing

The Court then typically sets the date for the 1st Cause of Action Hearing (“1st COA”), which is the hearing where the Court and parties determine the date by which the tenant is to vacate the premises. An important thing to keep in mind, if you file multiple evictions the same day, most courts will schedule the hearings back to back, which saves a great amount of time and resources.

The initial removal proceedings require little evidence or witness corroboration, but the person responsible for property management will be required to testify that the tenant has breached the lease, that the 3-day notice was timely served before the eviction was filed, and also request that the Court order the tenant’s eviction.

  • Hearing on Damages (2nd COA)

After the tenants vacate by means of the 1st COA, the Court schedules a 2nd Cause of Action Hearing (2nd COA) as to damages. This is to allow the property manager to reenter the premises, clean up, and assess any damage that the tenant caused. Whether or not to even pursue the 2nd COA is a judgment call that the property manager is best suited to make. If a tenant is quite clearly indigent and judgment-proof, sometimes the 2nd COA is an unwise use of resources.

The 2nd COA provides an opportunity for both parties, the landlord and the tenant, to discuss money that may be owed due to non-payment of rent, damage to the property, and any mitigating factors the tenant may bring, such as the existence and/or amount of the tenant’s security deposit. The 2nd COA requires a witness with personal knowledge of the facts, preferably both before and after the tenant’s occupancy. The Court requires this personal knowledge to establish what actual damages were incurred by the parties. The 2nd COA is when the property manager needs to present the itemized invoice of damages to the Court. Receipts and statements are also very helpful in the 2nd COA, but a witness is required to admit these documents into evidence as well.

Kylie A. Martin, Esq.

Eyer Stone, LTD