Eviction and How it Affects You
Below is a list of easy to understand consequences a person will face as a result of a legal action:
- Eviction Court. This can be a humiliating experience and also matter of permanent public record.
- Dispossession. You will be forcibly removed from the premises. This can be a humiliating experience and also matter of permanent public record.
- Judgment(s). Your credit rating will be severely damaged. This may also result in
- A collection process until your debt is paid in full
- Possible seizure of assets you may own, including bank accounts
- Garnishment of wages
- Notification of credit bureaus causing inability to qualify for lines of credit, including credit cards, car loans, and mortgages.
- Notifications of National Tenant Reporting Services causing inability to qualify for rental housing
The Dayton Municipal Court Eviction Process
The following is an overview of the Dayton Municipal Court Eviction Process:
- The eviction process begins with the landlord serving the tenant with a 3-day notice to vacate the premises or posting the notice on the property.
- After the 3 days, the landlord may file a complaint for eviction with the Clerk of Courts. The tenant is served with a copy of the complaint and summons to appear in court for the hearing on eviction(also called "forcible entry and detainer" or "restitution of the premises").
- The first hearing deals only with the tenant's right to live in the premises.(In simple terms: Will the tenant be evicted?) At the hearing, the tenant will be asked if he has a legal defense to being evicted:
- If the tenant presents a legal defense, the case will be set for trial.
- If no legal defense is presented, the Court will grant restitution of the premises to the landlord and order the tenant to vacate.
- Any claim for money damages(usually for back rent or damage to the property) will be heard at the second hearing.
- The tenant must file a written "Answer" with the Clerk of Court within 28 days of receiving the claim for money damages. Any counterclaim against the landlord should be filed with the Answer.
- The tenant may represent him/herself at the hearings or hire an attorney
- A landlord, who wants to forcibly evict a tenant, must file a "Writ of Restitution" with the Clerk of Court and schedule the eviction through the Bailiff's Office.
- The Bailiff schedules the eviction date. The tenant must vacate and remove all personal belongings prior to that date or the Bailiff may proceed by Court order to forcibly eject the tenant and restore the premises to the owners.
- Any personal property the tenant fails to remove by the date of the eviction will be considered abandoned and subject to removal and disposal by the landlord.The tenant may not remove his/her property on the day of the eviction or after without written consent of the landlord, who may refuse consent.