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Next step in eviction process after "WRIT OF RESTITUTION RETURNED SHOWING EXPIRED." That was in August; it's 3+ mos later

Delaware, OH |

Evicted last summer; no shot at winning as being unemployed at that time isn't a defense to being evicted. Since this was a default judgement, does that mean no separate hearing on monetary damages? My concern is the paperwork filed w/the court indicates I'm also being hit with his attorney fees and I didn't think those were reimbursable as part of the monetary damages. Reason I ask is if they aren't recoverable in an eviction, could I have the damages thrown out entirely? I know that wouldn't preclude him from re-filing for damages w/o atty fees but I'm curious as to whether he would bother or not.

I've "Googling" this and found a number of sites that say a LL isn't entitled to atty fees related to an eviction for non-payment of rent in Ohio. But if it's a default judgement, can he get them since he asked? I'm just looking for a technicality to get the monetary damages thrown out. Whether he re-files or not doesn't mean much other than I'm curious as to how much he's looking to hassle me further. (I use the term "hassle" because I was willing to work out a payment plan to try to get caught up on the rent since I found a new job around the time he filed for the eviction in the first place.) For what it's worth, the property was rented out about a month after I left so it's not like it's been sitting vacant for 1/4 of a calendar year.

Attorney Answers 1

  1. Check your lease agreement for what it says about attorney fees. It is NOT unusual(in fact its entirely normal) to collect attorney fees with default judgment. No separate hearing required. It almost NEVER pays off to skip a hearing where you are the defendant.

    Whether the LL would bother or not is something you'd have to ask the LL.

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