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Taking legal action against roommate who is behind in rent
Cleveland, OH
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Posted 12 months ago in Landlord / Tenant
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Eviction.:
I have a roommate who Is 3 months behind In rent and no matter how many notices I give him he takes as a joke even this last one when I threaten legal action.
I have given him more then the 30 day noitce that Is required. what I don.t no Is how do I go about takeing the legal action. do I call the cops or sheriff or a baylif any help would be greatly appricsted since I want him out before the first of the year. Thank You Happy holidays Mike Note this was a month to month agreement no lease involved - Is this your question? Add additional information Answers (1)Carole Ann Lohr
This attorney is licensed in Ohio.
Posted 12 months ago.
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You need to file an eviction proceeding complaint in the municipal housing court. In Cleveland you can go directly to the housing court website which will give you some general forms for filing and initiating this procedure. The court may also answer some general questions for you about the eviction process, but you should know that they will not give you legal advice. Generally in Ohio you are required to give at least 3 days written notice prior to commencing an eviction proceeding when the reason for the eviction is non payment of rent. If the reason for the eviction is other than failure to pay rent, the notice requirement to the tenant is generally 30 days. The notice requirements in Ohio require that the notice be written in a certain manner, larger type font for example. I would strongly suggest that you use the notice forms provided by the housing court if you decide not to use your own attorney. You should also make sure that you thoroughly read and follow the local court rules. What you must know is that you can not just change the locks or call the police on your tenant. In order to have an eviction granted you must procced through the court system first and have the court examine and review the evidence you present. Taking action into your own hands, also known as "self help" is illegal. You can represent yourself or hire an attorney to assist you in the eviction proceeding. Finally if the tenant is a "section 8" tenant they have special protections under federal law from evictions, and therefore I would strongly encourage you to see an attorney to assist you.
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