EVICTION PROCEDURE
First and foremost, the Clerks of the Rocky River Municipal Court are
not attorneys, and they cannot and will not
give you legal advice. If you are unsure
about your rights, or the procedures to
follow, you should contact an attorney. This
procedure guideline is intended to be
informative only. As each situation is
different, this guide should not be
construed as replacing an attorney. You
should also take note that all corporations
must be represented by an attorney in
eviction proceedings.
An eviction, also known as a forcible entry
and detainer action, is a lawsuit filed by a
landlord asking the court to remove a tenant
from rental property. After a hearing before
a Judge or Magistrate, if successful, the
landlord will be granted a “writ of
restitution”. This is the authority for the
landlord to be allowed to retake possession
of the rental unit. If the tenant has not
vacated the property, the landlord will then
schedule a move-out date and the tenant’s
possessions will be packed and moved into
storage.
A typical eviction is filed due to the
tenant’s failure to timely pay the agreed
upon rental amount. An eviction is commenced
with the landlord’s service upon the tenant
of a proper notice. If you have any questions about
what type of notice you must use, you should
contact an attorney. Attached to the
complaint should be a copy of the notice
served and a copy of a written lease
agreement.
Every lawsuit is filed based upon a specific
set of circumstances, and as such, the proof
required will vary from case to case.
Generally however, at hearing, the landlord
should be prepared to establish at least the
following facts:
1. The reason for the eviction;
2. The type of notice served, and the date
upon which the notice was served;
3. How the notice was served, and by whom.
The person who served the
notice must be in court to testify as to the
date and manner of delivery.
The date of the eviction trial is the proper
time for both sides to present their
evidence and testimony to the Court. If
either side has evidence such as cancelled
checks, pictures, written documents,
receipts, etc., the original and a copy
should be brought to Court on the day of
hearing. If either side intends to use
witness testimony, the witness should be at
Court on the day of hearing. A written
statement from a witness will usually NOT be
accepted, so make arrangements to have your
witness present.
Once the hearing has been concluded, the
Judge or Magistrate will usually indicate whether or
not the landlord is entitled to what is
called a “writ of restitution”, or in other
words, whether or not the tenant must vacate
the premises. If the tenant is told to
vacate the premises, and a writ is issued,
the premises will be “red tagged”, which
literally means a red tag will be put on the
door indicating that the tenant must vacate
by a certain date. If the tenant does not
vacate the premises, the landlord will have
the right to have a moving company come in,
pack up the tenant’s belongings, and place
the items on the tree lawn.
(top) |