General Information
The Clerk’s Office Civil Division handles eviction filings. (Note: An eviction filing is many times referred to as a “Complaint for Forcible Entry and Detainer” – FED). Please note that Kettering Municipal Court does not provide eviction paperwork. At the time an eviction is filed, the claim may be for restitution of the property only (first cause) or for restitution of the property along with a claim for damages and/or past due rent (second cause). Visit our cost page for current filing fees for both first and second cause evictions. Please be aware: if the filing includes damages or past due rent claims, the filing must be officially served to the defendant (tenant) per the Ohio Rules of Civil Procedure – rules of service (see Damages or Past Due Rent Claims section below). Additional information can be found on the FAQ: Evictions portion of our website.
For purposes of this procedure, the following terms are used:
- “Plaintiff” is the party who initiates a legal action.
- “Defendant” is the party against whom the legal action – in this case an eviction – is brought.
- “Landlord” is used to describe any of the following: the plaintiff, the property owner, the property owner’s agent or designee, or the property owner’s attorney of record.
- “Tenant” is used to describe any of the following: the defendant or the tenant.
If a landlord (or attorney) files an eviction in this court, they must submit an original filing and multiple copies for service. Please call the Civil Division for specific numbers of copies needed.
Once a filing is received, an eviction hearing will be set typically within two to three weeks on a Tuesday afternoon at 2:00 p.m. The landlord (or attorney) will be notified of this hearing when the eviction is filed. Unless the landlord (or attorney) chooses another method for proof of service, the defendant(s) will be notified by ordinary mail with certificate of mailing (first cause only), or by certified mail (second cause). In addition, a court bailiff will also post the complaint and summons to Court at the address where the defendant (tenant) is being evicted.
If the landlord is successful in pursuing the eviction, a “Judgment Entry and Order of Restitution of Premises” will be granted by the Court.
Writ of Restitution
Additional actions may be taken if the defendant (tenant) does not move out of the property. A Writ of Restitution to evict the tenant may be requested by the landlord. The Writ may be requested on the same date as the eviction hearing. There is a $100 fee for the Writ to be prepared and issued. The bailiff will then serve the tenant (if present.) The Writ will state the date by which the tenant must vacate the premises and remove all personal property, as well as the forcible eviction date for the Sheriff to assist the landlord if the tenant has not voluntarily vacated the premises. If the Writ is not requested at the eviction hearing, the landlord can file a praecipe requesting the Writ at a later date.
The Sheriff in charge of the forcible eviction process will call the provided point of contact several days prior to schedule a move out time on the date set by the court. The Sheriff will then meet the landlord on site to oversee the restitution of the premises. The Sheriff will not handle keys or money, nor will they coordinate a schedule with movers. The Landlord is responsible for coordinating ahead of time for lock changes, as needed.
Any property not removed by the tenant before the designated date is considered abandoned. Property and/or bulk waste cannot be set out or left at the curb for disposal, unless the landlord has contracted with a trash disposal company for the removal of the items. Abandoned property or bulk waste cannot be left anywhere on the exterior of the property for longer than 48 hours before its removal.
Please see the Kettering Municipal Court Local Rules regarding Forcible Entry and Detainer (Rule 33) for more information.
Damages or Past Due Rent Claims – Note to Landlords
If you are pursuing damages or past due rent on your complaint, there are several steps and forms that you must file to complete this process. For more information, please consult an attorney or view the Ohio Rules of Civil Procedure.
In order for this portion of your case to go forward, your claim must be officially served to the defendant by the Court. Service is a fee-based process done through certified mail or personal delivery by a Court bailiff, sheriff or process server. If we are unable to get service of the claim to the defendant, you will be notified by the Clerk’s Office. Secondary options will be made available to you by certified or ordinary mail, depending upon the status of the service attempt. Additional mailings must be requested in writing and will incur a cost. Once service is perfected—meaning that the defendant has received an official copy of your claim from the Court—your case can go forward. If we cannot achieve service, your case cannot proceed.
Note to the Defendant
If you are being evicted and you cannot afford a private attorney to provide you with legal counsel, you can contact:
Legal Aid Line of Western Ohio
(888) 534-1432
www.legalaidline.org
Ohio Legal Help
(866) 791-8362
https://www.ohiolegalhelp.org/
Please see our Links/Resources page for additional information.