Going to Court
If you would like to file for eviction, you need to know if the Garfield Heights Municipal Court is the right place to file your case. That means that you will have to check to make sure you meet the requirements for jurisdiction and venue.
Jurisdiction is the court’s ability to hear a type of case. The Garfield Heights Municipal Court can only hear eviction cases with money damages up to $15,000. If you need to claim more than $15,000, you should go to the Common Pleas Court for Cuyahoga County.
Venue is the location where the case can be heard. The Garfield Heights Municipal Court is the correct venue for your eviction case if the rental property is located in Brecksville, Cuyahoga Heights, Garfield Heights, Independence, Maple Heights, Newburgh Heights, Valley View or Walton Hills.
Now that you have considered the jurisdiction and venue for your case, you will need to file the appropriate documents to begin the process. You will need to file the following documents with the court:
- Complaint
- Instructions for Service
- Copy of any written rental agreements
- Copy of the 3 day notice to leave premises
- Copy of any mandatory notice to terminate tenancy
- Written proof of ownership of the real property, including the deed to the property
- Written proof that the person appearing on behalf of the corporation or partnership is an authorized representative of the owner of the property, if the person appearing is not an attorney
- Written proof that the City in which the property is located has issued a current certificate of occupancy or registration if required by local ordinance.
|
Remember: It is important to follow the court procedures for filing an eviction case. If you do not file all of the required documents your case may not go ahead to trial. Similarly, if you do not give your tenant proper notice to leave the premises, your case may not go to trial. Tenants should give the court and landlord notice of a new address if the tenant leaves the rental property in the middle of an eviction case. |
For money damages hearings, landlords cannot recover more than $15,000 in damages. If the landlord sues for too little money, the landlord must file a corrected complaint and serve a copy on the tenant prior to the second hearing. To avoid the need to change the complaint, the landlord can sue for up to $15,000 even if the evidence later shows that the damages are less than $15,000.
Eviction filing fees. There may be additional costs as the case proceeds.