Dayton Ohio Eviction Attorney – Montgomery County Eviction Attorney
Andrew J. Ruzicho II, Esq. – Dayton Ohio Eviction Attorney
email me with your eviction needs
Frequently Asked Questions about the Eviction Process:
When will the eviction hearing take place?
The date of the eviction hearing depends upon whether or not you have already placed a three day notice on the tenant’s door. If you have not placed a three day eviction notice on the tenant’s door, then you must do that before an eviction complaint can be led. After the three day notice has expired, then the eviction complaint can be filed. A hearing will be scheduled approximately three weeks after the filing of the complaint. In the Dayton Municipal Court, eviction hearings are held every Friday morning beginning at 9 a.m in Courtroom 1-A. If the eviction is granted at the hearing, the tenant will generally have about a week after the hearing to move out. If the tenant does not move out, then the landlord would meet the bailiff at the rental property to set the tenant out and change the locks. The landlord or property manager has to apply for the set out in order for the set out to occur. Dayton Municipal Court charges $60 for the writ and set out.
What are the costs involved in filing an eviction?
The Dayton Municipal Court charges approximately $155 to file an eviction complaint depending upon the number of tenants and the method(s) of service. This is for one tenant. The filing fee increases with the addition of more than one tenant. After the eviction hearing, you can apply for a writ of restitution/red tag/set out at a cost of $60.
Where can I find out information about my case?
You can conduct a search at Dayton Municipal Court’s Civil Case Inquiry online search. You can search by your name (Company name as well), tenant’s name, attorney’s name or case number. You can also use the civil case search as a means of screening potential tenants for previous evictions.
Where is the Dayton Municipal Court located?
It is located at 301 West Third Street, Dayton, OH 45432. To reach the Civil Division, you can call 937-333-4471.
Do I (the landlord) need to attend the eviction hearing?
I generally recommend that the landlord be in attendance. As of recently, the Dayton Municipal Court will no longer accept affidavits from the landlord or property manager concerning the elements of the eviction claim. The landlord, property manager, or person who served the eviction notice will need to attend court and testify as to the eviction notice’s service. If no one can show up to do that, the hearing will have to be rescheduled to a later date so that that testimony can occur.
Can I pursue the tenant for damages after the eviction hearing?
You can do this with the help of a Dayton Ohio eviction attorney. It helps if you know where the tenant is employed or where they are moving to. You have approximately 6 months from the date of filing the eviction action to pursue the tenant for damages. After approximately 6 months, the court automatically dismisses these cases for failure to prosecute. After getting possession of the rental unit, the landlord should determine his/her damages and submit an itemized list of them to the attorney. Typical damages include unpaid rent, late fees, unpaid utilities, cleaning fees, and damages to the rental unit beyond normal wear and tear.
What eviction forms do I need?
Three day notice to vacate;
Eviction Complaint;
Copy of lease and ledger showing what the tenant owes.
Will I need a Dayton Ohio Eviction Attorney to represent me?
It is always recommended to have a Dayton Ohio eviction attorney represent you at the eviction hearing. The tenant may also have an attorney or may present defenses to the eviction that you were not expecting. Having an attorney is the best preparation for such scenarios.
What is the set out procedure?
The bailiff will contact the attorney or the landlord/property manager and provide a date that the set out is to occur. You will need to call the bailiff on the morning of the scheduled set out and confirm that the tenant is still at the premises. You will meet the bailiff at the premises at the time provided by the bailiff, and the bailiff will escort the tenant out of the premises. At this time, you will change the locks. The landlord/property manager can dispose of any belongings left behind by the tenant or negotiate with the tenant concerning their removal.
What other areas do you offer eviction services for?
I also perform evictions in Hamilton County, Ohio (Cincinnati), Middletown, Springfield, Xenia, Dayton, West Carrollton and surrounding areas. In the Dayton area, I work in the Dayton Municipal Court, Vandalia Municipal Court, Oakwood Municipal Court, Kettering Municipal Court, Miamisburg Municipal Court and others.
Court forms
Kettering Municipal Court restitution and set out procedures
Dayton Municipal Court Writ of Restitution
DaytonMunicipalCourt-FeesCosts as of 01-01-19
Dayton Ohio Eviction Complaint Form
Dayton Ohio Notice to Leave Premises Eviction Notice