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hi my name is Eric E. Willison and i'm an Ohio attorney. I've been practicing in the
area of landlord tenant law since 1996 and today i want to give
you a broad overview
of the eviction process. It's going to be short on detail because for now I'm trying to
give you a skeletal framework with more
detail in later
videos where
you'll sort of see how it all fits together
the first thing you need to know about the statutory eviction process is that
this video is going to apply only to residential
landlord tenant situations.
It's also not going to be dealing with anybody who is trying to evict someone
from public housing.
if you are a landlord and you've rented out your premises to someone
and that someone's lease has ended and you want them to go or if they breach
the lease in some way (usually it's a non-payment of rent)
then what you need to do is get an eviction process going
The first thing that has to happen is that you have to tape a three day
notice to the door of the premises. That three day notice has to contain certain
statutorily mandated wording in it.
If it doesn't then the court's not going to have jurisdiction to hear that case.
You can get three day notice to vacate forms that work in Ohio from a number of different
places including of several municipal court websites.
Once you have posted that three day notice and it's always a good idea to take a
picture of it with your cell phone hanging on the door in case the tenant were to
say
that no ever posted anything on the door
Then you could break out that photograph in the court and that will
usually convince the judge.
Once you have waited your three days then you can go ahead and file what's
called a forcible entry and detainer action with the court.
The court will then take some copies of that forcible entry
and detainer action along with the summons page
out to the premises and will tape that to the door
and that will give the tenant notice that there will be a hearing.
Usually there's about a two to three week period between the time when you
file the eviction
and the court hearing takes place. At that hearing the court is going to
address one very limited issue and that is who has the right to possession of
the premises.
The court is going to hear from the landlord
who will say why he or she should get possession back to the premises
and then the court will hear from the tenants
as to whether the tenant has any defenses
to the eviction action.
If the court decides in the tenant's favor for some reason then the eviction
action gets dismissed in everybody goes home. If the
court finds in the landlords favor however
then the landlord will get a magistrate's decision issued by the
magistrate and then the landlord will need to go to the clerk's office and
pick up what's called a writ of restitution
and also a Praecipe for Set Out.
Now the writ of restitution will be posted by someone from the court on the
door of the premises
after the eviction hearing has concluded
in the landlords favor.
That writ of restitution will tell the tenant you've got x_ number of days to
get out. In Franklin County for instance it's five days. In some counties it's only three days
in some counties as much as nine.
But once those days have past and the tenant is still there
then the landlord needs to go back to the
Clerk's office to
talk to the bailiff about arranging what's called a Praecipe for set out. That is a
meeting between the bailiff
and the landlord and a locksmith of the landlord's choosing in a work crew of the
landlords choosing.
Then the locksmith will open up the doors and start changing the locks. The
work crew will take everything out of the curb.
In some counties you may be required to store the things somewhere. Sometimes you're required to
put the stuff under tarps. Check with the bailiff about the
exact rules as far as what goes in your area.
Then
the bailiffs will be there to supervise the entire process in case there is some sort of a
disturbance.
Once that's all done the
the locksmith will give you the new keys
and the
landlord will lock the place up
and that'll be the end of the eviction process from beginning to end.
It usually takes probably about anywhere from three weeks to four weeks sometimes
five weeks
That's the your general time frame for filing an eviction