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Ohio landlord tenant law, tenant's right to contest eviction

Asked over 3 years ago - Ravenna, OH

I received evection papers, 1.action in forcible entry and detainer 2.summons in civil action. court date november 06,2008 at 2:15pm. First my husband can not make that time he is working at a new job and cant take time off. Will I be ok to be the only one to show on our behalf? Also we intend to be out of the house by the end of the following weekend, nov 9.2009, do we still need to show up in court?

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Danny James Weisenburger

Reputation Level 13

Answered over 3 years ago. Criminal Defense Attorney in Ravenna, OH.

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The first action against you is an eviction, where the landlord is trying to force you out. The second action is for monetary damages, most likely past due rent. You may be able to negotiate a date to move out, but if your husband's testimony is needed you probably would want to move the hearing to another date.

If you do not show up, the landlord will get a default judgment against you and your husband, most likely for the full amount the landlord is seeking. The landlord may then attempt to collect by attaching your bank accounts or garnishing the wages of you or your husband.

Dan J. Weisenburger
Attorney at Law

Weisenburger Law Offices, LLC

Ohio Landlord Tenant Lawyer

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