Presentation on theme: "Filing an Eviction Action The presentation will begin in approximately 20 seconds."— Presentation transcript:
Filing an Eviction Action The presentation will begin in approximately 20 seconds
Caveat Neither the Judge nor any member of the court staff or Clerk of Court’s office is permitted to give legal advice
How do I file an Eviction? There are two civil divisions in a Municipal Court: 1. The Small Claim Division 2. The General Division A person filing an eviction must file the case in the General Division
Self Represented Litigants must follow the same rules as an attorney In the General Division of the court all persons, whether represented by an attorney or not, must follow the law and the rules of court Following the rules includes filing papers that comply with the law The Court is not permitted to give legal advice Providing you with legal papers to file an eviction complaint would be a form of giving you legal advice.
Other courts provide legal forms for evictions – why doesn’t this court The court is aware that other courts may provide forms for evictions This court does not read the law as permitting the court to do this You would not want the court to give the tenant a form to answer the eviction so it makes sense the court would not give a landlord a form to file the eviction
Other courts provide legal forms for evictions - continued If the court provided forms for filing evictions the court would have to provide forms for the filing of other types of lawsuits It is not the function of the court to provide forms for filing an eviction- this is a form of legal assistance or advice and is prohibited by law
The clerk of court provides forms for garnishments – Why can the clerk do that? The Clerk provides forms for certain proceedings including garnishments These forms contain language that is provided in a statute. It is statutory language and so the Clerk is not providing legal advice – the forms are just a reproduction of what is in the statute There is no statutory language for an eviction complaint and so the clerk cannot provide a form for an eviction complaint
Where can I get the forms to file the Eviction? The Clerk cannot recommend where you are to get the forms to file an eviction Since the Clerk cannot give legal advice it would be improper for the Clerk to approve any form that you might file with the court or approve any provider of any specific form You have several options
Where can I get the forms to file the Eviction?- continued 1. You can ask an attorney – Even though you may not choose to hire an attorney some attorneys may help you with the forms for a reduced charge 2. You can visit a business supply store 3. You can prepare your own form CAVEAT No matter how you get the forms – it is your responsibility to make sure the forms comply with the law and that you are using them properly
Where can I find out more about Landlord Tenant Law? The Ohio Bar Association has a pamphlet titled “Tenant/Landlord Rights and Obligations” The pamphlet can be accessed by visiting the website of the Ohio State Bar Association at www.ohiobar.org. There is a link to publications. On the publications link there is a link to educational publications then to Law Facts Pamphlets or you may call the Ohio State Bar Association at (800) 282-6556 for more information www.ohiobar.org
Where can I find out more about Landlord Tenant Law? The Ohio Supreme Court has a link to the Ohio Revised Code The website is www.supremecourt.ohio.gov. There is a link to Ohio Laws then Ohio Revised Code. The Landlord Tenant Act is found in Chapter 5321 and the general law on Forcible Entry and Detainer (eviction) in Chapter 1923 www.supremecourt.ohio.gov
Conclusion Remember, an eviction action is filed in the General Division of the court and is not a Small Claim hearing. You are bound by the rules of court and the rules of evidence and the Judge cannot give legal advice or ignore the rules – even if it seems unfair. If you think the rules should be changed you should contact your state representative or you state senator to discuss changing the law.