Giulitto Law Office in Ravenna, Ohio has an attorney who handles landlord tenant eviction proceedings that take place in Portage County, Ohio. Contact our office if you are having an eviction proceeding in Kent, Ravenna, Portage County and all surrounding areas to speak with a lawyer who has experience handling these cases.
Eviction proceedings take place in two parts. The first part of the case is the forcible entry and detainer portion of the case. Once the tenant is served with a complaint seeking eviction, a hearing is scheduled in the municipal court within a few weeks. Due to the nature of the proceedings, service requirements are less strict. Notice of the lawsuit can be posted to the door of the residence in question. At the eviction hearing, the court will hear evidence of whether the landlord is entitled to the premises. The court will not address damages at this time. The sole question decided is whether the landlord is entitled to possession of the premises. The most common reason that would entitle the landlord to take back the premises is a rent default. Other reasons can include the termination of a tenancy, a breach of the lease or drug use on the premises. If the court determines the landlord has grounds to evict they will grant a writ of restitution. If the tenant does not leave the premises voluntarily, the landlord will instruct the sheriff to take back the premises.
The second part of the case deals with damages. This phase of the case is much slower and proceeds like any other civil litigation. The tenant must receive service in a manner that is more strict than for the eviction phase of the case. Once service is perfected the tenant must file an answer. If no answer is filed, the landlord can receive a default judgment. If an answer is filed the court or a jury will determine the issue of damages. Damages frequently involve back rent and damages to the premises.
Evictions can involve tenants in a home or apartment where the landlord owns the premises. Evictions can also manufactured homes. Manufactured home evictions are more complex because the tenant may only rent the lot from the park but own the manufactured home. This raises some questions of what happens to the manufactured home after an eviction is granted.
Giulitto Law Office handles all types of evictions and represents both landlords and tenants. Call today for a free consultation.
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