Ohio Eviction Process

Search inside Ohio eviction kit!

Landlord’s Guide to Ohio Evictions by Eric E. Willison, Esq. and Andrew J. Ruzicho II, Esq. ——————————————————- List Price: $15.95 Your Price: $9.97 Availability:Immediate receipt upon payment You will be redirected to download page after payment A copy of the Ohio Eviction kit will also be sent to your payment email address. ——————————————————-

Inside “Ohio Eviction Kit” - this product is an electronic download

Everything you need to do your own eviction in Ohio. Act now - don’t lose another month’s rent.
• Sample 3 day Ohio eviction notice to vacate with detailed explanation
• All required Ohio eviction forms and eviction letters
• Sample Ohio eviction complaint with detailed explanation
• Common eviction defenses tenants may assert and how to address them
• Common misunderstandings concerning Ohio eviction
• Typical filing fees and other costs associated with Ohio eviction complaints
• Time schedule involved in evicting a tenant
• Pitfalls to avoid when evicting in Ohio
• What will happen at the eviction hearing and beyond

——————————————————

Why purchase this book?

Landlords lose an average of 3.5 months rent because of delinquent tenants - often because they wait too long to start the eviction process. Courts costs in a typical eviction case run about $200.00. Attorney’s fees run $300.00 and up for an eviction. Hiring a crew to perform a set out can cost $300.00. Damages done to the apartment can cost several hundred dollars.

On average, every day that you wait to begin the eviction process will cost you $32.50. Our kit is only $9.97.

——————————————————–

Product Details

Pdf ebook - 65 pages

View (print) with Adobe Acrobat Reader

Publisher - R&W Publishing (August 23, 2003) recently revised Oct. 24, 2006

——————————————————-

Better Together (all products are electronic downloads)

Or consider purchasing our complete landlord’s kit - which includes

1. the Ohio eviction kit - three day eviction notice, sample eviction complaint, step by step guide to filing an eviction;

2. Three day eviction notice in Microsoft Word and Adobe Acrobat Reader pdf formats;

3. Thirty day eviction notice in Microsoft Word and pdf formats for ORC 5321.05 violations;

4. Sample lease (in Microsoft Word format for easy editing);

5. Landlord’s guide to Ohio landlord/tenant law;

6. Landlord’s guide to eviction process in audio format (mp3 format);

7. Rental application in Microsoft word and pdf formats;

8. Landlord and Tenant’s Guide to Understanding Lease Provisions;

9. Sample notice of intent to enter premises - Landlord to Tenant;

10. Sample notice of Unhealthy or Unsafe Living Conditions Landlord to Tenant;

11. Sample notice of Noise violations Landlord to Tenant;

12. Rental receipt;

13. Notice of Abandoned Personal Property;

14. A free subscription to our bi-monthly newsletter on Ohio landlord tenant law;

15. Sample Itemization of charges against security deposit Landlord to Tenant;

all for only $29.95, for a savings of over $26.00 when compared with price of buying all products separately

Click on the cover of any ebook for complete description or to buy any one product separately


Click immediately above on the pay pal buy now button to buy the complete landlord’s kit.

100% positive feedback at ebay.com

—————————————————–

Excerpt from Landlord’s Guide to Ohio Evictions

IV. Forcible Entry and Detainer Action (Eviction Action)

Often, the tenants will vacate the premises after receiving the three day notice to vacate. If they do not, then the landlord must make a decision as to whether he is really serious about going through with the eviction.

The next step in the eviction (if the tenant has not left after the three-day notice to vacate has been served) is to file a Forcible Entry and Detainer Action with the Court. A Forcible Entry and Detainer Action is just a fancy way of saying an eviction action. In Ohio, these actions are most commonly brought in Municipal Court, but if your area does not have a Municipal Court, then it will be filed in the Court of Common Pleas. A sample of a Forcible Entry and Detainer Action is included in this kit.

A. Filing Fees

An important consideration in the eviction process is the landlord’s out of pocket expenses which often include attorney’s fees and court costs. At the time of publication (May 2006), Franklin County charges a $126.00 filing fee (plus fees for service of process), $35.00 fee for a Writ of Restitution (also known as a red tag, more about this later), and a $45.00 set out fee. If you are in another Ohio county, consult with that county’s clerk of court to determine all fees involved in the process. Many courts have their current filing fees listed on line. For example, Franklin County posts a list of their filing fees at the following web address: http://www.fcmcclerk.com. I recommend doing a search online to find your county court and reviewing any information they have on the web site concerning eviction actions.

As you can see, evictions are not inexpensive. Couple the court costs with attorney’s fees and the landlord can easily wind up paying $500.00 or more dollars to complete the eviction process.

B. Duration of the Typical Eviction

In Franklin County the timing of a typical eviction is as follows (smaller counties may move faster on evictions):

February 10 - three day notice posted;

February 18 - filing of complaint;

March 11 - hearing date;

March 13 - red tag issued;

March 18 - bailiff scheduled to oversee set-out.

March 20 - set-out conducted

The lesson here is to act fast because an eviction from start to finish can take over a month.

C. Tenant Delays

The tenant can delay the eviction process, but not indefinitely. The most common ways to delay are outlined below

1. Contesting Service of Three Day Notice

Often, attorneys attend eviction hearings alone, hoping that the tenants will not show up and contest the eviction. The attorney is never the person who hung the three- day notice to vacate upon the door. The attorney cannot act as a witness in the case and therefore cannot testify that the three day notice was posted, when it was posted, whether the tenant was behind in rent at the time, etc. If the tenant contests that the three day notice was ever hung on the door, then the attorney will need to bring in the person from the landlord’s office who hung the notice to testify that it was indeed hung, and on the time specified in the notice. This usually forces the landlord’s attorney to continue the matter until the next date that the court is doing eviction hearings so that evidence can be introduced on this matter.

Smart attorneys will obtain an affidavit from their landlord clients in which the landlord has sworn under oath that he posted the three day notice, the tenant was behind on rent at the time the notice was posted, the tenant is still behind on rent as of the hearing date, and the tenant still occupies the premises. Courts may accept this affidavit testimony in lieu of live testimony.

2. Asking for Time for an Attorney

Tenants will also sometimes seek a continuance, arguing that they have not yet had time get an attorney to understand their legal rights. The court may not grant the request for a continuance. In my experience in Franklin County, the tenant usually gets a one week continuance upon making this request, but is warned that no further continuances past this date will be granted. If the court does grant the tenant’s request for a continuance, the duration of the continuance is dependent upon the court’s schedule. The court may not give a decision immediately at the hearing, and the landlord may have to wait a week or two for a decision or perhaps longer.

3. Attempts to Transfer Case

Some tenants will even try to transfer the case to another court system (such as the federal court, alleging civil rights violations) in a frivolous attempt to string out the proceedings. Upon a motion to transfer to federal court, the state court temporarily loses jurisdiction until the federal court remands the matter back to the state court which it invariably does under what is called the “well pleaded complaint rule” meaning that the plaintiff is the master of his complaint as far as the selection of the forum in which it is filed, and a defendant may not invoke federal jurisdiction in a case merely by pleading counterclaims sounding in federal causes of action. By the way, that mouthful of legal terminology is more for your attorney to understand than you, for, in the rare case where a tenant tries to get the case to federal court, you need to hire an attorney. Show him that language about the well-pleaded complaint rule and it will save him a lot of research time on your case.

D. Service of Process of FED Action

Once you have filed your FED action against the tenant, then the clerk of courts will serve the tenant with a copy of it, along with a summons page, informing the tenant of when the hearing has been set, and advising him to show up and argue his position at that time and date. Service of Process rules for evictions are presently more relaxed under Ohio law than for other complaints, and allow the clerk to merely post the papers on the door, just like the three-day notice to vacate.

1. Problem with Second Cause of Action

Continued in publication

Get Printed version instead