Filing an Eviction
NOTE: AN EVICTION IS FILED IN THE REGULAR OR GENERAL DIVISION OF THE COURT AND IS NOT A SMALL CLAIM PROCEEDING.
NOTE: THIS IS NOT SMALL CLAIM CASE. THIS IS THE REGULAR DIVISION OF THE COURT. YOU MAY REPRESENT YOURSELF BUT WILL BE REQUIRED TO FOLLOW THE SAME RULES AS AN ATTORNEY AND WILL BE REQUIRED TO FOLLOW THE PROCEDURAL AND EVIDENCE RULES INCLUDING THE OHIO RULES OF CIVIL PROCEDURE AND THE OHIO RULES OF EVIDENCE. A COPY OF THE RULES CAN BE ACCESSED BY VISITING THE OHIO SUPREME COURT’S WEBSITE AT http://www.sconet.state.oh.us/LegalResources/Rules
IF YOU HAVE ANY QUESTIONS YOU SHOULD CONTACT AN ATTORNEY.
NOTE: The law does not permit the court to appoint a lawyer to represent you in this type of case. If you cannot afford an attorney you should contact the Lorain County Legal Aid Society 440-324-1121 or the Lorain County Bar Association 323-8416. They may or may not represent you. Neither the court nor the clerk’s office is permitted to give you legal advice. You should consult with an attorney regarding your rights.
The general rule is that no person who is not an attorney can sign and file any pleading on behalf of a corporation or limited liability company. This includes officers and employees who are not licensed attorneys.
A manager of an apartment or other rental unit cannot sign and file an eviction action or appear by themselves in court on behalf of the landlord or owner of the property unless they are licensed to practice law. See Cleveland Bar Association v. Picklo 96 Ohio St. 3d 195, 2002-Ohio-3995.
What is the procedure once the judge has ruled in favor of the Landlord in the Eviction case?
Once the judge rules in favor of the landlord a formal order called a Writ of Restitution is given to the bailiff. By law the bailiff has only 10 days to supervise the removal of the tenant from the property. After 10 days the landlord must ask for a new or “alias” Writ of Restitution. If the landlord wants to give the tenant more than 10 days then the landlord should inform the judge at the eviction hearing that the landlord does not want the bailiff to be given the Writ of Restitution until a later date.