Eviction Case Dismissal Guide

Summary

If a tenant moves out before an eviction is served in Ohio, landlords can dismiss the eviction case. For financial recovery, consider filing a small claims case to address damages and unpaid rent. Gather evidence thoroughly and prepare for the hearing. Skip-tracing services can help locate the tenant, though they may incur costs. Emotional distress claims are not typically handled in small claims court. Prepare a concise statement and organize evidence for the hearing.

Full Conversation

I have a question for changing to an eviction that I had to file and a tenant moved out before the eviction served. What do I do now?
Hi ****! In Ohio, if your tenant moved out before the eviction was served, you can typically dismiss the eviction case. It's often a simple process, but check with the court where you filed the eviction for specific procedures. Have you already contacted the court about this?
Yes, I did and they had no answers for me
It sounds frustrating that the court wasn't able to assist you. Here's what you might consider doing:
- Visit the court's website or contact their clerk's office for specific forms or guidance on dismissing the case.
- Consider seeking free legal advice from local legal aid organizations.
- You may also consult with a local attorney for more tailored advice.
Have you tried reaching out to any legal aid organizations in your area?
Legal aid in Ohio, Ohio only helps tenants not landlords
Case Rating: *
Hi ****, it sounds like you're in a challenging position. You might want to consider:
- Contacting the Ohio State Bar Association for a referral to a landlord-tenant lawyer.
- Exploring resources online or at your local library for guidance on landlord rights.
If you have any more questions, feel free to ask!
I’ve exhausted all possible options from contacting my county board. Nobody will help the landlord.
Case Rating: *
Hi ****! It sounds like you're dealing with a challenging situation. It's frustrating when resources are limited. While options seem limited, you might consider checking if there are any landlord associations in your area, as they often provide support and resources. If you have any other questions, feel free to ask!
Well, I’ve already read that I would dismiss the motion which I already know how to do that online. I just don’t know what I should do about the money part. It has two motions not to mention I have no idea where the person is now.
Case Rating: *
Hi ****! It sounds like you've already made progress with dismissing the eviction motion. For the money part, you might consider filing a small claims case to recover any debts owed by the tenant. You can also try tracking them through a skip-tracing service. Do you have questions about filing a small claims case in Ohio?
This is the eviction I filed through the court. I don’t know if I should dismiss both motions or causes or just the first one.
Case Rating: *
Hi ****! Since the tenant moved out before the eviction was served, you may consider dismissing both motions related to the eviction. However, if one motion involves recovery of rent or damages, you might retain that one. It's best to consult the court or a lawyer for specific advice. Do you have details on what each motion entails?
The first cause of action is the eviction. The second cause is for money, but I actually wanna dismiss both causes and file small claims because after he moved out, there’s way more damage than I had put on the original cause of motion.
Case Rating: *
Hi ****! In your situation, you might consider dismissing both causes and then filing a new small claims case, detailing all the damages you discovered after the tenant moved out. It's crucial to document everything thoroughly. Have you gathered evidence of the damages for your small claims filing?
Yes, I have gathered my evidence and I have a lot of it. I just don’t know how to track him down.
Case Rating: *
Hi ****! It seems like you're on the right track with gathering evidence for a small claims case. To locate the tenant, you might consider using a skip-tracing service, which can help track down individuals. These services are often used by landlords in similar situations. If you have questions about using such a service, feel free to ask!
Yeah, how do I use that service? Where do I find it? Does it cost money? I’m extremely low on funds right now due to the damage that he caused, and the fact that he didn’t pay rent for the major majority of the time he was here.
Case Rating: *
Skip-tracing services can help locate individuals, but they usually do come at a cost. Here are some options:
- Online skip-tracing sites: Search for reputable ones, often offering free trials.
- Local private investigators: They might offer payment plans.
You might also consider asking friends or neighbors for information or using social media for clues.
And a small claims case can you file for emotional distress
Case Rating: *
In Ohio, filing for emotional distress in small claims court is generally not allowed. Small claims typically address monetary disputes like unpaid rent or property damage. Emotional distress claims often require more complex legal procedures and are handled in higher courts.
When I submit my small claims case, do I submit my evidence with my filing
Case Rating: *
In Ohio, you'll generally present your evidence at the hearing rather than submitting it with your small claims filing. Ensure you have organized copies of all evidence to bring with you to court. Would you like more information on preparing for your small claims hearing?
Yes
Case Rating: *
To prepare for your small claims hearing in Ohio, consider the following:
- Organize all evidence, including photos, receipts, and documents related to damages or unpaid rent.
- Prepare a clear statement of your claim, detailing the damages and amounts sought.
- Practice explaining your evidence and claim concisely.
Do you have any specific questions about the hearing process?
Yeah, how does the case begin and I asked to prepare or am I asked to like read a statement or what? How does it start?
Case Rating: *
In Ohio small claims court, the process usually begins with both parties introducing themselves. You'll then present your case, explaining your evidence and claim. The judge may ask questions or seek clarification. Prepare a concise statement to explain your situation clearly. If you have more questions, feel free to ask!
Should I submit a statement with my filing?
Case Rating: *
In Ohio, you generally don't submit a statement with your small claims filing. Instead, prepare to present your statement and evidence at the hearing. Keep everything organized and concise for when you explain your case to the judge. If you have more questions, feel free to ask!