If a Writ of Restitution is granted by the court, the Clerk of Court will send notice to the tenant of the move out date. The date is automatically scheduled for 10-11 days after the judgment is filed. Move outs are scheduled for Mondays unless the court is closed for a holiday. The landlord and tenant can agree on a different Monday if they wish while they are before the magistrate.
The landlord must make arrangements with the Court Bailiff to regain possession of the rental property on the move out date. The landlord must request the move out in writing and may fax that request with his or her telephone number to the court up until the 8:00 am on the scheduled move out date. The bailiff will call the landlord to schedule a time for the move out. Requests can be faxed to 216-475-3087.
If the court receives a written request to proceed with the move out, the bailiff will notify the local police department that he is going to conduct a move out. The police will not join the bailiff at the move out unless the bailiff feels that they need to be there.
The bailiff will stay until the locks are changed and the tenant leaves the property, but will not stay to supervise the removal of the tenant’s belongings from the property.
If the tenant leaves their personal belongings in the property after the locks are changed, the belongings can be disposed of by moving them to the curb (if permitted by the municipality), locked inside the premises for disposal on a different day, or moved into storage off the premises.
Talk to a lawyer if you are not sure about how to dispose of a tenant’s property. |
The landlord has to cover any expense in removing the tenant's property, which the landlord can include in his or her request for damages at the second hearing.
If the bailiff leaves the premises and the tenant returns, the landlord should call the police and may file a criminal trespass charge.
It is the landlord’s responsibility to be prepared to change the locks on the premises on the move out date by performing the lock change personally or by having a locksmith change the lock.
Emergency Shelter
If you are a tenant facing eviction without a place to go, you should contact Cuyahoga County’s Coordinated Intake. They can help individuals and families find emergency shelter. They also provide alternatives to shelter and shelter placement. The Coordinated Intake program is a federal program operated by FrontLine Service and the Cleveland Mediation Center.
To reach Coordinated Intake:
For Victims of Domestic Violence, call the Domestic Violence Helpline at:
For Veterans, call the VA Cleveland Community Resource and Referral Center at: