Eviction - will the landlord have to start over..again?

[Johnlaurajake]

What is the name of your state (only U.S. law)? Ohio

Hello we have a family member that should be out by now he hasn't paid since June..... BUT the landlord keeps making mistakes...we can't figure out why. Our family member (who should really leave won't till he's put out)
is telling us the landlord made a mistake and will have to start again. I don't believe it.

The landlord the first time made a mistake and didn't post the right notice so the eviction was dismissed in round 1. In Round 2 he won (On September 15th.) But he still has filed the Writ of Execution.

OUr family member is saying if the landlord doesn't do that within 10 days of the judge's decision for the eviction he has to start the process over - I googled that and couldn't find anything about it.

WOuldn't the judge's decision stand and he could file that writ whenever he wanted.?

 

[Cvillecpm]

Landlord needed to have an ATTORNEY familiar with local/state landlord-tenant court on his tenant from the JUMP

 

[Johnlaurajake]

Landlord needed to have an ATTORNEY familiar with local/state landlord-tenant court on his tenant from the JUMP

I agree but what I'm wondering is after the court made a decision and granted the eviction... the landlord didn't file for a writ of execution. Is there a limited time in ohio where they have to file for it...and if they don't do they have to start the eviction process over.

 

[sandyclaus]

After judgment

I agree but what I'm wondering is after the court made a decision and granted the eviction... the landlord didn't file for a writ of execution. Is there a limited time in ohio where they have to file for it...and if they don't do they have to start the eviction process over.

I checked over the statute (Ohio 3evised Code 1923.14) and it doesn't specify a 10-day timeframe to request the writ of execution. It does, however, say that once one is issued & given to the sheriff to enforce, the sheriff has 10 days to serve and execute it.

So, the answer is NO. The LL got their judgment and says your family member is OUT. The LL does not have to start all over again. Someone needs to check with the court to verify if/when the Writ of Execution is issued and assigned to the sheriff to serve, that date is the 10 day mark.

Of course, the statute says "within 10 days", so the sheriff doesn't have to wait - that's just THEIR cutoff for executing the writ and removing the family member & his property from the rental unit.

 

[Alaska landlord]

Unless this is a roommate situation, why would the LL be spending his money and valuable time evicting someone that you let in? It seems to me this is your problem not the LL's.