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Thread: How long does the eviction process take?

  1. #1
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    Default How long does the eviction process take?

    From the day you are given you notice until a sheriff might pack up and move your possessions out of your house you can expect a 6 week to 6 month time frame, with the average coming closer to 10 weeks.

  2. #2
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    Unhappy

    Can you tell where you got your information? Does it apply to Ohio? Is it valid now in 2007? I'm being evicted and I really need a pretty accurate time frame from receipt of the 3day notice to from the LL to vacate until physical removal. Thanks in advance
    Last edited by patchoulirn; 01-27-2007 at 02:30 PM.

  3. #3
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    If you received notice to appear in court, you have basically ten days from the court date if they find you at fault.
    If this is after the court date, and they already ruled against you, you have less than 10 days now.
    Time to move on.
    sorry

  4. #4
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    Default 3 Day Removal

    Quote Originally Posted by patchoulirn View Post
    Can you tell where you got your information? Does it apply to Ohio? Is it valid now in 2007? I'm being evicted and I really need a pretty accurate time frame from receipt of the 3 day notice to physical removal. Thanks in advance
    If it is a legitimate 3 day removal order, it will post the law concerning the eviction, can you post the quoted law, we can help more then.

  5. #5
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    I see no law quoted, the document is titled 'NOTICE TO LEAVE PREMISES'

    also does not state '3 day notice'. She dated it Jan 22, '07 and gave Jan 26, '07 as the date to vacate premises.

    At the bottom of the paper is an asterisk followed by 'Also in compliance with the Cleveland Municipal Court Housing Division Rule (Rule 6.01)

    Does this help?

    Thanks

  6. #6
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    Default the Law I can Find

    CLEVELAND MUNICIPAL COURT HOUSING DIVISION

    THE CIVIL DOCKET

    The civil docket of the Court is concerned with resolving housing related disputes. While the majority of civil cases filed are eviction actions, the civil docket also includes complaints for injunctive relief (temporary restraining orders), motions to compel repairs and actions for release of rent. Generally speaking, there are three phases in a civil action: the filing of a complaint, the court hearing and the final judgment. The following links will help you to navigate this process.

    FILING A COMPLAINT

    The first step in filing an action in Housing Court is to fill out the complaint form. Assistance in filling out forms may be sought from one of our ten housing court specialists whose offices are located on the 13th floor of the Justice Center. Upon completion, the complaint is filed in the office of the Clerk of Cleveland Municipal Court. When the complaint is presented to the Clerk's Office and the filing fee is paid, the complaint is considered filed. At this time, the Clerk's Office schedules the hearing dates.

    Eviction actions are separated into two issues, referred to as "causes of action" ("causes"). In the first cause of action, the plaintiff, the person bringing the action, is seeking possession of the property. The second cause is concerned with what amount of money, if any, is owed to the plaintiff. This money is referred to as damages. These causes usually proceed independently of each other. In an eviction action, the first and second causes are set for hearings three and seven weeks from the date of filing, respectively.

    The Clerk's Office will mail a copy of the complaint to the defendant, notifying the defendant of the court dates. If the defendant wishes to contest allegations as set forth in the complaint, he or she should file a response, called an answer.
    I looked for Rule 6.01 and only found refernce to military tax concerns.

    Have you been notified by the court about past due rent?

    I also found this

    [quote]
    Adequate notice to tenant to comply with the requirements of the law and allowing him time to repair the situation should be given before using any other option. A three-day (3) notification prior to filing an action for eviction may include notification to the tenants of his rights...

    and

    5321.03 Actions by landlord authorized

    (A) Not withstanding section 5321.02 of the Revised Code, a landlord may bring an action under Chapter 1923 of the Revised Code for possession of the premises if:

    (1) The tenant is in default in the payment of rent;

    (2) The violation of the applicable building, housing, health or safety code that the tenant complained of was primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenant's household, or by anyone on the premises with the consent of the tenant;

    (3) Compliance with the applicable building, housing, health or safety code would require alteration, remodeling, or demolition of the premises which would effectively deprive the tenant of the use of the dwelling unit;

    (4) A tenant is holding over his term.

    (B) The maintenance of an action by the landlord under this section does not prevent the tenant from recovering damages for any violation by the landlord of the rental agreement or of section 5321.04 of the Revised Code.

    (C) This section does not apply to a dwelling unit occupied by a student tenant.


    the web site is http://www.clevelandtenants.org/info3.html#anchor109810


    [\quote]
    Last edited by rcpilot; 01-27-2007 at 05:34 PM.

  7. #7
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    Thumbs up eviction process cancelled, disability claim question

    Thank you for the quick response and all of your work on my behalf.
    Fortunately my roommate was able to come up with all of the back rent and the LL was very agreeable to accepting it.

    This site is amazing! Not only are questions actually answered rapidly, the knowledge and kindness of the people that have replied to my first thread is over and above anything I ever expected, especially on your part RC.

    Would that I had known about your site when I starting trying to collect on my short term disability. I lost my house, my car, and almost my sanity (lol), before my employers insurance co. approved my claim. Interestingly enough, their approval was based on the very same information I gave them a year earlier. Now, 2 years later, I am back to appealing their denial of my claim for Long Term Disability.

    Do you think I should have a lawyer versed in ERSA (?). I think that is what it is called. I know I'm getting to be a pain, but no income really hurts after 30 years as a registered nurse and loyal employee. (it also contributes to my difficulty in keeping a roof over my head, as you can imagine!) This is a hard 'benefit' to collect!

    Again, thank you so much for what you have already done for me!


  8. #8

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    yes, i have never had any problems finding answers to my questions, head up to this site, and glad things worked out for you

  9. #9
    foreclosurefish
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    Great job getting the eviction canceled. I just want to agree that this site is great for getting answers to nearly question that you can come up with. It seems that the people here really care about sharing their information with people who have questions.

    Good luck.

  10. #10
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    Default Roommate outstayed his welcome

    I let a friend move in to my house in january/february cause he was being kicked out of his mom's house. He told me he had planned on moving out in march so it was only supposed to be 2 months. Well needless to say that didnt happen and due to events that he stirred up in my home on my birthday no less i have a situation in my own family to deal with now. I asked him to leave and offered him the half of rent he has given me for this month already. There is no lease and no rules but he has been asked on several occassions to clean up after himself and cannot seem to do that. So after a week of telling him that he had to leave today I come home to his mom and birth mom in my home and I was presented with no option but to allow him to stay till the end of the month (giving them time to find him a place) or have him evicted. Is there anything I can do?

  11. #11
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    Default

    Quote Originally Posted by dtek81 View Post
    I let a friend move in to my house in january/february cause he was being kicked out of his mom's house. He told me he had planned on moving out in march so it was only supposed to be 2 months. Well needless to say that didnt happen and due to events that he stirred up in my home on my birthday no less i have a situation in my own family to deal with now. I asked him to leave and offered him the half of rent he has given me for this month already. There is no lease and no rules but he has been asked on several occassions to clean up after himself and cannot seem to do that. So after a week of telling him that he had to leave today I come home to his mom and birth mom in my home and I was presented with no option but to allow him to stay till the end of the month (giving them time to find him a place) or have him evicted. Is there anything I can do?
    Please start your thread this one has been hijacked twice and is over 10 years old years old
    and be sure to mention what state your in.
    K?
    Last edited by drruthless; 04-07-2012 at 01:39 AM.

  12. #12
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    Ill do that thanks alot.

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