What Happens at an Eviction Hearing
The magistrate will only decide whether or not you should be evicted. This hearing will occur regardless of whether a tenant files an Answer or whether a tenant comes to court.
If a landlord does not appear for the scheduled hearing, the case will be dismissed unless a continuance has been requested by any party and granted by the Court.
The date of the hearing will be listed on the Summons you received when the case was first filed.
Make sure you arrive on time for your hearing in Akron Municipal Court, Room 715 (7th Floor - Small Claims) at the Harold K. Stubbs Justice Center (217 South High Street in Akron). You will want to make sure that you leave time to find parking. Check in with the Bailiff when you enter the room.
The magistrate will hear the case and direct the proceedings.
First, the landlord will be given a chance to present his/her side. He or she will try to prove to the court that:
- The lease was properly terminated or the tenant broke the lease.
- A 3 day notice to leave was properly served.
- No current rent was accepted from the landlord after the 3 Day Notice was served.
- The tenant is still living in the rental home.
Next, the tenant will be given an opportunity to explain his/her side.
- Explain to the court why you should not be evicted.
- To prove the case, tenants can show the magistrate a copy of the lease, rent receipts, proof of payment, and explain to the court what really happened.
- If a tenant does not come to court, his/her side cannot be presented to the court. The hearing proceeds with or without the tenant present if the eviction complaint was properly served to the tenant.