Evictions

The Clerk's Office Civil Division handles eviction filings.  At the time that you file your eviction, you may choose to include a claim for damages and past due rent. Ideally, this should be included in your original eviction filing. Otherwise, you will be charged again for a separate Civil filing. The current eviction filing fee is $145 for one defendant and an additional $15 for each additional defendant.  Please be aware: if you are including damages or past due rent claims on your filing, your claim must be officially served to the Defendant by the Court (see Damages or Past Due Rent Claims section below).

Once a filing is received, an eviction hearing will be set typically within three weeks away on a Tuesday afternoon at 2:00 p.m. You will be notified of this hearing when you file your eviction in person or by mail if you send in paperwork. The Defendant(s) will be notified by ordinary mail with certificate of mailing, unless you choose another method for proof of service. In addition, a Court Bailiff will post the complaint and summons to Court at the address you are evicting the Defendant from.

If you (the landlord) are successful in pursuing an eviction action and a Judgment Entry and Order of Restitution of premises has been granted by the Kettering Municipal Court, the following additional steps may be taken if the defendant (tenant) does not move out of the property:

If a Landlord obtains a Judgment and an Order of Restitution of premises has been granted by the Kettering Municipal Court, the steps below must be taken by the Landlord before the Court will forcibly evict the tenant.  For purposes of this procedure, the following terms are used:

a.  The term "Landlord" is used to describe any of the following:  the Plaintiff, the property owner, the property owner's agent or designee, or the property owner's attorney of record.

b.  The term "Tenant" is used to describe any of the following:  the Defendant or the tenant. 

A Writ of Restitution evicting the Tenant must be requested by the Landlord.  The Writ may be requested at the hearing for the restitution of premises.  A $100 fee is required to be paid in the Clerk's Office for the Writ of Restitution to be prepared and issued.  The Bailiff will then serve the Tenant with the Writ of Restitution.  The Writ will state the date by which the Tenant must vacate the premises and remove all personal property, as well as the forcible eviction date for the Bailiff to assist the Landlord when the Tenant has not voluntarily vacated the premises.  If the Writ of Restitution is not requested at the restitution hearing, the Landlord shall file a praecipe requesting the Writ with the desired forcible eviction date (Tuesdays and Fridays only), along with the $100 fee.

If the Tenant has not voluntarily vacated the premises and removed personal property in the allotted time, it will be the responsibility of the Landlord to notify the Bailiff that the forcible eviction process will be necessary.  The Landlord shall notify the Bailiff no later than noon (Eastern Time) on the day before the designated forcible eviction date.  Failure of the Landlord to notify the Bailiff (before the notification deadline) that the forcible eviction process is still necessary will result in cancellation of the existing date.  In that event, a new forcible eviction date will need to be scheduled by the Landlord through the Court.

The Bailiff in charge of the forcible eviction process is Mike Poole [937-296-3023 (office) or 937-689-0089 (cell)].  The Bailiff will meet the Landlord on site to oversee the restitution of the premises on the designated date.  The Bailiff will not handle keys or money, nor will he coordinate a schedule with any movers.

Any property not removed by the Tenant before the designated date is considered abandoned.  Property and/or bulk waste shall not be set out or left at the curb for disposal by the Landlord or the Tenant, unless the Landlord has contracted with a trash disposal company for the removal of the items.  In no case, shall abandoned property or bulk waste be left anywhere on the exterior of the property for longer than 48 hours before its removal.

Please see Kettering Municipal Court local rule regarding Forcible Entry and Detainer for more information.  

 

Damages or Past Due Rent Claims

If you are pursuing damages or past due rent on your complaint, this portion of your claim will follow the Court’s Civil procedures. There are several steps and forms that you must file to complete this process. For more information, please consult an attorney or view Ohio Rules of Civil Procedures.

Please be aware: In order for this portion of your case to go forward, your claim must be officially served to the Defendant by the Court. Service is a fee-based process done through certified mail or personal delivery to the address by a Court Bailiff, Sheriff or process server. If we are unable to get service of the claim to the Defendant on the first attempt, the Clerk’s Office will send you a notice alerting you of failure to get service on your complaint.

There are some secondary options if your first attempts for service failed. If, for example, you opted for the Court to send the claim by certified mail and it is unclaimed or refused, you can request for the Clerk’s Office to send it again by ordinary mail. This request must be made in writing.  If the letter is undeliverable by the Post Office, we will need a better address to try again. Additional certified mailings can be processed by the Clerk’s Office at an additional cost. Once service is perfected—meaning that the defendant has received an official copy of your claim from the Court—your case can go forward. If we cannot achieve service, your case cannot proceed.

Note to the Defendant

If you are being evicted and you cannot afford a private attorney to provide you with legal counsel, you can contact:

Legal Aid Line of Western Ohio
1-888-534-1432
www.legalaidline.org