EvictionsThe 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. 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 for approximately four 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.
At the hearing, if the Magistrate orders the Defendant to be evicted, he or she will be given 10 days to move out. A Court Bailiff will deliver a 10-day notice to the eviction address. If the Defendant fails to move out, you must pay a deposit and Court Costs for the Court Bailiff to contact a moving company and coordinate the move-out of your tenant.
Damages or Past Due Rent ClaimsIf 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