Eviction rules in Ohio what are they?
Ok so we live in an apartment complex and have these neighbors who are not watching their kid. He is 7 and runs around the complex all day and night up till like 11 at night worst of all the mother leaves him home alone. Well I guess cause he is bored he has been kicking our door throwing coke bottles and soda all over door and going through packages that the mail man leaves for us. I have told my landlord about this each time and even called the police and so far nothing is really helping. The landlord says she is trying to gather up enough proof to evict them but what does she need. I am just suppose to let him keep doing this stuff until she decides to evict them? She said over 5 people have complained and this has been going on for weeks. Cant she just give them 30 days notice and tell them to leave? The mom has been told several times to stop this but she wont do it.
Answers:
A landlord may bring an eviction action against a tenant when the tenant has not paid the rent or who is:
1. violating a condition of a written rental agreement that is not a duty imposed by ORC section 5321.05, or
2. holding over beyond the term of the rental agreement.
To bring an eviction action, the landlord must first serve the tenant with a three (3) day notice to vacate. This notice must set forth the reason for the demand to vacate and also notify the tenant that:
"You are being asked to leave the premises. If you do not leave, an eviction may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."
The three(3) day period, for purposes of this notice, does NOT INCLUDE the day upon which the notice is given or intervening Saturdays, Sunday or holidays. After the three (3) days pass, on the following day, the landlord may file the complaint for forcible entry and detainer in the Lakewood Municipal Court. In the Lakewood Court the filing fee for an eviction is $80 for the first adult defendant named and $5 extra for each additional adult defendant named in the complaint. A hearing will be scheduled approximately two (2) weeks after the day on which the case is filed. This first hearing will determine the landlord's right to regain control of the premises. The landlord should prepare by bringing copies of all notices, the written rental agreement and other documents that may be relevant to the case. If the court grants the eviction, the landlord may then ask the court to issue a Writ of Restitution. This authorizes the court to send a bailiff out to the property to remove the tenant and their belongings from the unit. The bailiff will witness the changing of the locks on the unit and will inventory any tenant belongings left behind. The landlord cannot hold the tenant's belongings in lieu of rent. The court recommends that the landlord provide for storage of the property in a garage, attic or through a storage company for a reasonable length of time. (Generally thirty days.)
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