Evictions part 2

[CellBoo]

What is the name of your state? Ohio

So I have looked online to see if my BF's landlord has filed with the clerks office and she did...and we haven't received papers because they have the wrong address to mail the papers to.

What is an eviction hearing? Is this to determine if they will go to court for the eviction or is it the actual eviction hearing? Should the BF have a lawyer present?

 

[HomeGuru]

What is the name of your state? Ohio

So I have looked online to see if my BF's landlord has filed with the clerks office and she did...and we haven't received papers because they have the wrong address to mail the papers to.

What is an eviction hearing? Is this to determine if they will go to court for the eviction or is it the actual eviction hearing? Should the BF have a lawyer present?

**A: by all means he should have lawyer represent him.

 

[OHlandlord]

The eviction hearing is the first of 2 hearings in the evictions process in this state. The first hearing (the one he is scheduled for now) deals with the possession issue. This is the one where possession is awarded back to the LL. The BF should seek legal advice for this. And show up for the hearing by all means. This is his only chance to refute any reasons for the eviction. That clerical error may buy him some time, but once legally served, failure to show up is an automatic eviction in this state. If the LL wins possession, the set out will be scheduled in only a few days. A sheriff will arrive at the unit and remove all his possessions and set them at the curb. Now that the eviction is already on the online court site, any future LL will be able to see that this LL filed for eviction against the BF, even if it is later denied or withdrawn.

The second hearing (and 2nd part of the eviction process) is the hearing for the monetary judgment. This hearing will take place approximately a month after the LL receives possession back. He needs to show up for that hearing too, or the LL automatically wins a judgment for the amount of money he requests. At that hearing the BF will be able to present his evidence that he does not owe as much money as the LL seeks. A judgment on his credit record will hurt his credit score for years.