Filing an Eviction Action
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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
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
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.
THE END