Landlord - Tenants
To remove a tenant(s) from a rental property, a landlord can file a forcible entry and detainer action in the Clerk’s Office. In the first part of a forcible entry and detainer actions (an eviction), a magistrate determines who is entitled to possession of the property (the landlord or tenant) and whether a writ of restitution should be issued by the court. In the other part of a forcible entry and detainer action (the second cause), a magistrate determines if the landlord is entitled to recover damages from the tenant(s), and if so, how much in money damages. Eviction hearings are held on Monday, Tuesday, Thursday and Friday mornings in Room 715 of the Stubbs Justice Center. Second cause hearings, when necessary, are typically heard after a tenant(s) leaves the rental property. Magistrates hear second causes on Monday through Thursday afternoons in Room 715 of the Stubbs Justice Center.
A tenant(s) who feels his or her landlord is not living up to State law or terms of a rental agreement can, after adequate notice of the perceived problem(s) to the landlord, file a rent escrow case in the Clerk’s office. After a rent escrow case is filed, the tenant(s) pays rent to the Court instead of to the landlord until the case is resolved. During a rent escrow case, the amount of rent due may be reduced and the landlord can ask the court to release some of the rent for repairs. Magistrates hear rent escrow cases in Room 715 of the Stubbs Justice Center.
As of August 27, 2021, the CDC Moratorium Eviction Order is no longer in effect for tenants.
There are still public funds available to a tenant who qualifies and needs help paying rent.
Both tenants and landlords are strongly encouraged to explore the availability of rental assistance to avoid proceeding with evictions for nonpayment of rent.
Summit County has announced that rental and utility assistance applications will be accepted again starting September 8, 2021. Contact 2-1-1 or visit www.summitcountycares.org for more information related to resources available through Summit County Cares.
Additional information related to Landlord - Tenant issues can be found here:
Eviction Prevention Resources
Basic Landlord - Tenant Information
Rent Escrow Process For Tenants: How to Get Your Landlord to Make Repairs
What Happens at a Second Cause Hearing
What Happens at an Eviction Hearing