What You Need To Know About Eviction
This pamphlet can help you:- Understand your rights.
- Settle your dispute.
- Find new housing.
- Apply for help to pay rent.
- File papers at the court.
(216) 432-0614
This pamphlet is intended for people who have eviction cases pending at the Cleveland Municipal Court.
None of this information is legal advice.
INTRODUCTION
The Cleveland Tenants Organization is a non-profit agency that has been helping tenants in many ways since 1975. In 1999, we began a service called the Eviction Diversion Program. Over the past three years, the Eviction Diversion Program has helped thousands of tenants to understand their rights and options during the eviction process.
Please carefully read this pamphlet. If you have any questions about anything that you read, please call us at the number on the front of the cover. You can also call us if you need more information about your eviction. Our staff will help you in any way that we can. There is no fee for any of our services.
WHAT HAPPENS NEXT?
We sent you this pamphlet because someone is trying to evict you. The person evicting you has filed an eviction complaint against you. An eviction complaint is a legal paper that asks the court to remove you from the property. You should have received a copy of the complaint from the Court, or you will receive it soon, along with a summons telling you when to go to court.
The person who is evicting you probably asked for two things in the eviction complaint:
- The right to have you moved off of the property.
- The right to collect money from you.
At your first hearing, the judge will decide if you can stay on the property where you are living. Your first hearing will take place about eighteen days after you receive the summons from the court.
During your first hearing, your landlord will try to prove to the judge that you don't have a right to live where you are living. You will have a chance to tell the judge why you don't agree with your landlord's reason to evict you. The judge will then decide if you can stay where you are living or if you will have to move.
If the judge decides that you can stay, the first hearing will be dismissed, and you will be allowed to stay where you are living. If the judge decides that you have to move, the judge will order you to leave the property where you are living.
If the judge orders you to leave, you will be told to leave on a date between 7 to 14 days after your first hearing. If you stay on the property until your move-out date, the court will remove you and your belongings from the property. Your things would be set outside.
If your eviction complaint says that you owe money, you will have to go back to court for a second hearing about 25 days after your first hearing. The only question at the second hearing will be whether or not you owe money to your landlord. If you don't go to your second hearing, your wages and/or bank account could be garnished now or in the future, or your landlord could try to collect the money in other ways.
As you can see, the eviction process goes by very quickly. For example, if you go to your eviction hearing on the 10th day of the month and the judge orders you to leave, you will probably have to leave before the 20thof that month. You will then have to go back to court on about the 5th day of the following month for your second hearing.
Remember that many people who have to go to eviction court do not get evicted. If you want to try to stop your eviction, there are some things that you can do to stop it. The rest of this pamphlet will tell you what you can do about your eviction.
CAN AN EVICTION BE STOPPED?
The three most common ways to stop an eviction are:
- Communication. You might be able to stop your eviction by reaching an agreement with your landlord.
- Getting help to pay rent. You might be able to stop your eviction by applying for funds to help you pay your rent.
- Legal defense. You might be able to stop your eviction by presenting a legal defense when you go to court.
The best way to stop your eviction is to stay in contact with your landlord. This seems simple, but it is very true. Even though an eviction has been filed against you, your landlord may still be willing to accept a payment, a partial payment, a payment plan, or some other kind of agreement. Your landlord could then cancel your eviction.
You may also be able to use mediation as a way to stop your eviction. Mediation happens when someone tries to help you and your landlord work things out so that the eviction can be stopped. Call us if you want us to try to set up mediation between you and your landlord. The Housing Court can also help you with mediation. We will describe the Housing Court's mediation program later in this pamphlet.
If you are a CMHA or HUD tenant, you should talk to your property manager as soon as you receive an eviction notice. CMHA and HUD tenants can often stop their evictions by paying their rent before they go to court or when they go to court.
If you want to stay where you are living, we encourage you to speak to your landlord about the eviction. If you owe rent, make sure to tell your landlord how much you can pay now, and how much you can pay by your court date. Speak slowly and clearly. Be respectful.
2. Getting help to pay rent as a way to stop your eviction.
If you need help to pay your rent or to move to a new place, you might be able to get help from Cuyahoga County's PRC program. However, it is very important that you apply for PRC immediately. Applying for PRC is fairly complicated and takes time.
To qualify for the County's PRC Program, you must have at least one minor child in your care, or you must be pregnant. Also, your income can not be more than the amounts listed below.
| Family Size | Monthly Income | Annual Income |
| 1 | 1,432 | 17,810 |
| 2 | 1,935 | 23,220 |
| 3 | 2,439 | 29,260 |
| 4 | 2,942 | 35,300 |
| 5 | 3,445 | 41,340 |
| 6 | 3,949 | 47,380 |
| 7 | 4,452 | 53,420 |
| 8 | 4,955 | 59,460 |
| 9 | 5,459 | 65,600 |
If you feel that you qualify for the PRC Program, contact your County Department of Jobs and Family Services caseworker. You have a caseworker if you receive any welfare benefits such as food stamps or Medicaid, or if you are in the Work and Training Program. If you don't have a county caseworker, you can call us and we can tell you where to apply for PRC.
There are some other places that might be able to help you pay rent. However, these places do not always have money to help you. Call us if you want a list of the other places that can help you pay rent, or if you need any other help to apply for funds to pay rent.
Remember that applying for help to pay rent is not easy. Even if you apply for this help, you might not receive any funds to help you pay your rent.
3. Presenting a legal defense as a way to stop your eviction
An eviction defense is a legal reason why you should not be evicted. If you go to court and tell the judge that you have a defense and the judge agrees with you, you will not be evicted. Here are some of the eviction defenses that might stop your eviction:
- You might have an eviction defense if your landlord did not give you a three-day notice to leave before filing the eviction complaint against you. The three-day notice is also called a Notice to Vacate.
- You might have an eviction defense if your three-day notice did not include all of the words written below:
- "You are being asked to leave the premises. If you do not leave an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."
- You might have an eviction defense if your landlord gave you a three-day notice for non-payment of rent before your grace period to pay rent ended.
- You might have an eviction defense if your landlord accepted any rent from you after giving you a three-day notice.
- You might have an eviction defense if you receive Section 8, and your landlord lost the Section 8 contract or the contract was abated after your unit failed inspections.
- You might have an eviction defense if you receive Section 8 and your landlord accepted money from CMHA after giving you a three-day notice, or if your landlord didn't send CMHA a copy of the notice.
- You might have an eviction defense if your landlord had often accepted late rent from you, and then gave you an eviction notice because you tried to pay your rent late.
- You might have an eviction defense if you have a month-to-month agreement and you paid your landlord part of your rent during a month, then your landlord filed an eviction against you for not paying all of your rent that month.
- You might have an eviction defense if you offered all of your rent to your landlord when it was due, and your landlord did not accept your rent.
- You might have an eviction defense if the person evicting you does not own the property, and did not have an attorney fill out the complaint to evict you.
- You might have an eviction defense if your landlord is evicting you only because you had complained about something the landlord should have done.
- You might have an eviction defense if your landlord did not maintain your apartment, causing your apartment to be worth less than you were paying for it.
These are not all of the defenses available to you. Call us if you want more information about eviction defenses.
HOW CAN I FIND OUT IF I HAVE AN EVICTION DEFENSE?
Whether or not you have a legal eviction defense depends on many things. If you think that you have an eviction defense, the best way to find out is to talk to an attorney. If you can't afford an attorney, you can take your court papers to Legal Aid at 1223 West 6th St., or to 3408 Lorain Ave. If you go to Legal Aid, arrive between 1:00 and 4:00 P.M.
If Legal Aid can't help you and you can't find other legal help, you can call us and we will discuss defenses with you. We can also tell you how to file an answer or a counterclaim yourself.
WHAT IS AN ANSWER?
An answer is your side of the story-it is a statement you write that tells the court why you shouldn't be evicted, or why you don't owe all the money that the complaint says you owe.
You can also write an answer that tells the court that you have an eviction defense. After you write an answer, you must file it at the housing court so that the court knows your side of the story before you go to your hearing.
It is important to write an answer if your landlord says that you owe him or her money!! If your landlord has written in the eviction papers that you owe money, there will be a second hearing to find out how much money you owe. If you don't agree with the amount of money your landlord is asking for, you can write an answer saying why you don't owe the money your landlord is asking for.
WHAT IS A COUNTERCLAIM?
A counterclaim is a statement you write that tells the court why your landlord owes you money. A counterclaim is different from an answer because a counterclaim allows you to ask for money from the person evicting you.
One reason to write a counterclaim is if you don't think that your rental unit was worth what you paid for it. For example, you may feel that your apartment was worth 200 dollars less than you paid for it because your landlord didn't maintain your apartment. You could then write a counterclaim asking for 200 dollars for each month that your landlord didn't maintain your apartment.
You can also write a counterclaim to collect for any costs you paid to repair your rental unit yourself, or for any injuries you suffered or personal property that was damaged because your landlord didn't maintain your rental unit. If you paid a security deposit, you can ask for your security deposit in your counterclaim. These are some of the reasons to write a counterclaim.
SHOULD I FILE AN ANSWER OR COUNTERCLAIM MYSELF?
You should try to find legal help if you are being evicted. However, if you can't find an attorney, writing an answer or a counterclaim yourself may allow you to stop your eviction, or make your eviction less painful for you. You will then have to file your answer or counterclaim at the housing court.
If you want to write an answer and/or counterclaim yourself, we can send you an answer and counterclaim form that you can use. Our forms come with sample answers and sample counterclaims that you can use to help you write your own answer or counterclaim. We will also send you instructions that will tell you how to fill out the answer and counterclaim forms and how to file them at the Housing Court. Call us if you want us to send you our answer and/or counterclaim forms
DO I NEED EVIDENCE?
You will need evidence to support any claim you make in the Housing Court. For example, if you write a counterclaim because your landlord didn't fix things in your apartment, you will need evidence showing that there were things that needed fixing and that your landlord didn't fix them. Or, if you write an answer saying that your landlord wouldn't accept your rent, you will need evidence to prove that your landlord would not accept your rent, and that it was offered on time.
An attorney can help you collect evidence to support your claim. If you don't have an attorney who can help you, remember that written documents (such as rent receipts, copies of letters to your landlord and inspection reports) are often useful to help you prove your claim.
Witnesses and photographs are also good forms of evidence to present in court.
CAN I GET MORE TIME? It is very difficult to postpone an eviction court hearing. However, if you have a good reason why you can't go to your hearing, call us and we will help you apply for a new hearing date. If the court gives you a new hearing date, your hearing will be postponed for several days.
Your hearing may also be postponed if you ask for a trial by a judge or a jury. Most eviction cases are heard by a magistrate. A magistrate is someone who works for the Housing Court Judge. If you are planning to offer evidence when you go to your eviction hearing, you can ask for a hearing that will be decided by a judge instead of a magistrate.
It is also your right to ask for a jury trial. You should ask for a jury trial at least seven days before your hearing. You will have to pay a bond in order to have a jury hear your case.
Call us if you want your hearing to be decided by a judge or jury. If the Court allows your hearing to be heard by a judge or jury, your hearing will be postponed for a short time and you will have more time to prepare for your hearing.
WHAT IF I GO TO COURT WITHOUT AN ATTORNEY?
If you have to go to your hearing without an attorney, make sure that you arrive in court at least five minutes early. Bring all of the papers that the court sent you. There will be many other tenants in the courtroom with you. Your name will eventually be called and you will step forward to the magistrate.
It is very important to be in the courtroom at the time of your hearing. If you are late for your hearing or if you don't go to your hearing, the court will order you to be evicted and you will be given seven days to move.
If the person evicting you does not show up for the hearing, you should tell the magistrate that you want the case to be dismissed. The magistrate will be wearing a judge's robe and will be sitting where the judge usually sits, at the front of the courtroom.
If you are going to offer a legal defense to your eviction, you will have to tell the magistrate what the defense is. Speak slowly and clearly. Do not show any anger or frustration. Offer the magistrate any evidence that you have. If you filed an answer before your hearing, make sure you have a copy of your answer with you, and tell the magistrate that you have filed an answer.
You should attend your hearing even if you don't have a defense to offer. If your landlord doesn't show up for the hearing and you do, you can ask the judge to dismiss your eviction. Even if your landlord does show up and you are told that you have to move-out, you can ask for more time to move-out. You can also ask to go to the court's mediation program.
WHAT IS COURT MEDIATION?
The Cleveland Municipal Housing Court has a mediation program. The purpose of the mediation program is to help you and your landlord to settle your dispute so that the Court doesn't have to settle the dispute.
If you want to try to work with your landlord so that you don't have to be evicted, you should tell the magistrate at your hearing that you want to go to mediation. The magistrate will then ask your landlord if he or she wants to take part in mediation. If your landlord agrees to take part in mediation, you might be able to reach an agreement with your landlord that could stop your eviction.
If you want to use the court's mediation program, you will have to say to the magistrate during your hearing that you want to go to mediation. If you owe rent, tell the magistrate how much rent you can offer, and ask if you can settle your dispute through mediation.
If your landlord agrees to take part in mediation, a person from the Court will write an agreement that you and your landlord will sign. The agreement will say that if you do what you have agreed to do, your landlord will not evict you. Make sure to carefully read any agreement you sign in Court. Do not sign any agreement in court that you don't agree with.
Call us if you have any questions about the Housing Court's mediation program.
WHEN SHOULD I START TO MOVE?
If you don't have a defense to offer in court, and if your landlord is not willing to accept any money from you, you will probably have to move very soon. This is why it is very important for you to look for a new place to live as soon as possible. Even if you feel that you may not have to move, you should still look for a new place to live because you may end up having to move.
If you need a list of rental housing that is available, call us here at the Eviction Diversion Program. We will send you a list of rental properties that are available. We can also send you a list of homeless shelters and transitional housing programs.
If you need to get into a shelter, there is always at least one homeless shelter that has openings. If you need to get into a shelter, call us and we will send you our listing of shelters, and we will tell you which shelters have openings at the time you call.
We can also send you a list of transitional housing programs. Transitional housing programs help homeless people find their own housing. If you become homeless because of your eviction, transitional housing could help you in many ways.
If you have Section 8, you can go to CMHA's web page for a list of the most current Section 8 apartments and houses. The CMHA internet address is: www.cmhasection8.org If you don't have internet, you can use the internet at your local public library.
Also, don't forget about your second hearing after you move out! If your landlord is asking for money from you, there will be a second hearing. The second hearing will probably be scheduled AFTER your move-out date. Remember, that you can not stay in your rental unit until your second hearing if the court has ordered you to move-out before the second hearing.
WHAT RIGHTS DO I HAVE DURING THE EVICTION PROCESS?
You can only be moved out of your apartment by Housing Court bailiffs. The bailiffs can only remove you if you stay in your apartment until the day that the court has ordered you to leave. Nobody can make you leave your rental unit before the day that the court ordered you to leave. Your landlord can not turn off your utilities or change your locks or do anything else to try to make you leave.
You have the right to ask for a jury trial. If you do not ask for a jury trial, a magistrate will hear your case. You also have the right to have a judge hear your case instead of having a judge's magistrate hear your case. You have a right to file an Answer, Counterclaim, and other legal papers at the Housing Court.
If the judge orders you to leave and you disagree with the judge's decision to evict you, you have a right to try to stop the eviction by asking the court to set aside the decision. Call us here at the Eviction Diversion Program if you need help to fight the Court's decision to evict you.
If you have filed for bankruptcy, you may have a right to stop your eviction because of your protection from creditors. Contact your bankruptcy attorney if you have one, or call us for a referral to an attorney.
HELP!
Who to call for more help.
Help to pay rent:
- Cuyahoga Co. Dept. of Jobs and Family Services PRC Program: 987-7000
- For a list of other places that pay rent, call our Eviction Diversion Program: 432-0614
- Cleveland Career Center: 664-4673
- Council for Economic Opportunities In Greater Cleveland: 696-9077
- Catholic Charities Employment: 426-9870
- Phoenix Society (job placement for consumers of mental health services): 861-4466
- Crisis Hotline (call after 6:00 P.M. weekdays, or after 8:00 P.M. weekends): 251-7722
- Center for Families and Children: 623-1445
- Bridgeway (west side): 281-2660
- Murtis Taylor Center: 283-3240
- Recovery Resources: 431-4131
- Call our Eviction Diversion Program for a referral to legal services: 621-1570
- Call United Way's First Call for Help if you need any other help: 436-2000
