After obtaining an eviction at the eviction hearing, the landlord must then apply for a writ of restitution (red tag) with the clerk of courts. Cost for this in Franklin County is $35. The Franklin County Bailiffs will post the red tag two business days after you apply and pay for the writ of restitution (red tag).
If I am representing you at the eviction hearing, then I most likely will apply for the red tag immediately after the hearing.
From the date of posting, the tenant has 5 days to vacate the rental unit. In order to calculate the 5 days, you DO count the day of posting, weekends and holidays.
If the tenant is not out of the rental unit on or before midnight of the final day then the landlord needs to apply and pay for a set out. Cost is $45. This is also done with the clerk of courts (3rd floor 375 S. High Street, Columbus, Ohio 43215). You have 10 days from the date of posting the red tag to apply and pay for a set out. If you fail to do so, you will have to apply for another writ of restitution.
Once the set out is applied and paid for, the landlord can contact the bailiff at 614-645-7780 between the hours of 8am and 9:30am on the next business day. At that time, the bailiff and the landlord will schedule the set out. If you miss that time window, then you will have to call back the next business day between those hours. On this first telephone call with the bailiff, the bailiff will tell you what day the set out will occur on. Before 9am on the day of the scheduled set out, the landlord will need to call the bailiff again and confirm that the set out is still required. The bailiff will then tell you what time the set out will occur that day. Do not make the mistake and think that the set out is scheduled for 9am. You have to call in before 9am to get a time later that day for the set out.
I do NOT apply and pay for a set out immediately after the eviction hearing unless you have specifically requested that. I do NOT contact the bailiff to schedule a set out. Doing so would require me to call the landlord and the bailiff multiple times to attempt to coordinate schedules that I know nothing about. The landlord should contact the bailiff directly and schedule the set out as the landlord knows his/her schedule the best.
You can also pay and apply for the set out at the same time you pay and apply for the writ of restitution, but, if you don’t need the set out, you cannot get a refund for it.
The bailiff has hundreds of other cases to deal with so don’t expect to schedule the set out for that same day or even the next. The bailiff will generally work with you on a convenient set out day and time.
The bailiff will require you to have a team of at least four people, contractor-sized trash bags, boxes, tarps, etc., in order to conduct the set out. The bailiff will not move any items. He/she is there just to keep the peace. If the bailiff shows up and you don’t have the minimum of four people or if the bailiff determines that you need even more people due to the size of the rental unit and/or the amount of belongings, you will have a very short amount of time to round up more people. If you cannot do so, the set out may not occur at that time.
If the tenant and/or tenant’s moving crew are present at the set out, they generally cannot interfere or help move items out. They can move items set outside the rental unit to their moving truck or otherwise but they cannot move items from inside the rental unit. The tenant should have done this before the set out started.
If you have additional questions about the set out procedure, you can contact the bailiff’s office during normal business hours at 614-645-7780 or contact the clerk of courts civil division at 614-645-7220. As always, common sense will often supply the answer to most any question you have concerning the set out process.
If the tenant still appears to be in possession of the rental unit, you cannot physically remove the tenant’s belongings or change the locks without scheduling a set out and waiting for the bailiff to arrive at the rental unit. The bailiff will direct you as to how to proceed. The bailiff will direct you where to set the belongings. Generally, you have to leave the belongings for 48 hours. If items still remain outside the rental unit after 48 hours then you can dispose of them as you wish. If you are in doubt as to whether the tenant is still living at the rental premises, err on the side of caution and proceed with the formal set out process or contact the tenant and determine his or her status.
Does this mean that your eviction will follow this timeline and you will have the tenant out asap? Goodness, no. Your tenant may ask for a continuance at the hearing. In Franklin County, the magistrates typically grant a one week continuance to each side automatically. The tenant could also appeal the eviction decision to the presiding judge. Such an appeal can put the process on hold until a ruling is made. If you are lucky, you will have your rental property back in approximately one week following the eviction hearing.