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When facing issues related to tenant evictions in Franklin County, having a clear understanding of the Eviction Complaint form is essential. This document serves as a formal request to the Municipal Court, outlining the necessary details needed to initiate eviction proceedings. It begins by identifying the plaintiff, typically the landlord, along with their address, followed by information about the defendant, which includes the tenant's name and address. The form specifies the type of tenancy—be it oral, written, or otherwise—and elaborates on the reasons for the eviction, often citing violations of the tenancy agreement. A key part of the process involves demonstrating that the landlord provided the tenant with a written notice, including details such as the date the notice was served and the deadline by which the tenant was expected to vacate the premises. If the tenant remains in the property after this date, the complaint outlines any owed rent, damages, or utilities, asserting the financial obligations of the tenant. Ultimately, the form concludes with demands for restitution and recovery of the premises, as well as any monetary judgment for unpaid rent and associated costs. Understanding this form is crucial for landlords to navigate the eviction process efficiently and effectively.

Eviction Complaint Franklin County Example

 

In the Franklin County Municipal Court

Plaintiff’s name

Case No.____________

Plaintiff’s address

 

Vs.

 

Defendant’s name

 

Defendant’s address

 

Complaint for Eviction (Forcible Entry and Detainer)

FIRST CLAIM

1.Plaintiff is the landlord of the premises where Defendant(s)/ Tenant(s) are living. The address is ___________________________________________________________________________.

2.Defendant(s) had the following type of tenancy with Plaintiff:_________________________. (oral, written, or such other terms as may be appropriate).

3.Defendant(s) violated the terms of the tenancy in this way:

4.Plaintiff served the Defendant(s) with a written notice to leave the premises on the date of

___________________________. A copy of the notice is attached to this complaint.

5.In the notice, Defendant(s) were told to leave the premises by the date of______________.

6.Defendant(s) did not leave the premises on the date stated above.

SECOND CLAIM

1.Plaintiff reiterates and reaffirms all of the allegations in the first claim.

2.Defendant(s) owe rent in the amount of $____________________.

3.Defendant(s) owe for damage to the property in the amount of $____________________.

4.Defendant(s) owe for utilities in the amount of $__________________________.

WHEREFORE, PLAINTIFF DEMANDS,

1. Restitution and recovery of said premises.

2.Judgment for back rent, damages, late charges, and utilities in the amount of $_______________and costs and interest.

____________________________________________

SIGNATURE

_____________________________________________

NAME (PLEASE PRINT)

__________________________________________________

ADDRESS

__________________________________________________

CITY, STATE, ZIP CODE

__________________________________________________

TELEPHONE NUMBER

Get Eviction Complaint Franklin County PDF Form

Form Characteristics

Fact Name Description
Form Title This document is known as the Eviction Complaint for Forcible Entry and Detainer in Franklin County Municipal Court.
Plaintiff Requirements The form requires the name and address of the Plaintiff, who is typically the landlord.
Defendant Details Information regarding the Defendant, usually the tenant, must also be included, including their name and address.
Tenancy Type The type of tenancy (oral or written) must be specified, along with details on how the terms were violated.
Notice Requirement A written notice to vacate, served to the Defendant, must be attached to the complaint, including relevant dates.
Governing Laws This eviction process is governed by Ohio Revised Code § 1923, which outlines the requirements and procedures for eviction complaints.

Guidelines on Utilizing Eviction Complaint Franklin County

Once you have gathered all necessary information, it’s time to fill out the Eviction Complaint form for Franklin County. This form is a legal document that begins the eviction process and outlines the claims against the tenant. Ensure all details are accurate as they will affect the outcome of your complaint.

  1. Title and Parties: At the top of the form, write "In the Franklin County Municipal Court." Fill in the Plaintiff’s name and address in the respective fields. Then, write "Vs." followed by the Defendant’s name and address.
  2. Case Number: Leave a space for the Case Number, as this will be assigned later.
  3. Type of Complaint: Under "Complaint for Eviction (Forcible Entry and Detainer)," write “FIRST CLAIM.”
  4. Landlord Information: Write that the Plaintiff is the landlord of the premises where the Defendant(s)/Tenant(s) are living. Fill in the address of the property in the provided space.
  5. Type of Tenancy: Indicate the type of tenancy (oral, written, or other) that exists between you and the Defendant(s).
  6. Violation Details: Briefly explain how the Defendant(s) violated the terms of the tenancy.
  7. Notice of Eviction: Enter the date you served the written notice to leave the premises. Attach a copy of this notice to your complaint.
  8. Notice Deadline: Provide the date by which the Defendant(s) were instructed to vacate the premises.
  9. Response to Notice: State that the Defendant(s) did not leave by the date mentioned above.
  10. Second Claim: Write "SECOND CLAIM" to start the next section. Reaffirm the allegations from the first claim.
  11. Outstanding Payments: Fill in the amounts the Defendant(s) owe for back rent, damages to the property, and utilities. Make sure to specify each amount clearly.
  12. Demands: Under “WHEREFORE, PLAINTIFF DEMANDS,” list demands for restitution of the premises, back rent, damages, and any other costs. Specify the total amount being claimed.
  13. Signature and Contact Information: Sign the document. Print your name, provide your address, city, state, zip code, and telephone number below your signature.

What You Should Know About This Form

What is the purpose of the Eviction Complaint Franklin County form?

The Eviction Complaint form is used by landlords in Franklin County to initiate legal proceedings against tenants who have violated their lease agreement. This form allows landlords to formally request an eviction due to reasons such as non-payment of rent or other lease violations. Once submitted, the court will review the complaint, and if approved, a hearing will be scheduled.

Who can file an Eviction Complaint?

Only landlords or property owners may file the Eviction Complaint. This includes individuals who own rental properties or management companies acting on behalf of the owner. It is essential to provide accurate information about both the plaintiff and the defendant(s) to ensure the complaint is appropriately processed.

What information is needed to complete the form?

The form requires specific details, including the names and addresses of both the landlord (plaintiff) and tenant (defendant), the reason for eviction, the type of tenancy, and any outstanding amounts owed, such as back rent, property damage, or unpaid utilities. Additionally, the dates when notice to vacate was given must be indicated.

How does the eviction notice process work?

Before filing the form, the landlord must provide the tenant with a written notice to vacate the property. This notice must clearly state the reason for eviction and give the tenant a specific deadline to leave. If the tenant does not comply by that date, the landlord can then submit the Eviction Complaint to the court.

What happens after the Eviction Complaint is filed?

After filing the complaint, the court will schedule a hearing where both the landlord and tenant can present their cases. The tenant will be notified of the hearing date and is allowed to defend against the eviction. Depending on the court's decision, the landlord may receive an order for eviction and other claims stated in their complaint.

What should I do if I am the tenant and I receive an Eviction Complaint?

If you receive an Eviction Complaint, it is important to act quickly. Review the complaint thoroughly to understand the allegations. You have the right to respond to the complaint and defend your position at the hearing. It is advisable to seek legal advice to understand your options and prepare effectively for the hearing.

Are there any fees associated with filing the Eviction Complaint?

Yes, there are typically fees associated with filing the Eviction Complaint in Franklin County. These fees can vary based on local court rules and the specifics of the case. It is important to check with the Franklin County Municipal Court for the exact fee schedule and acceptable forms of payment.

Can I contest an eviction after the court’s decision?

If the court rules in favor of the landlord, the tenant may have limited options to contest the eviction. Generally, the tenant could appeal the decision, but this process would typically require legal representation and must be done within a specific timeframe. Understanding the rules governing appeals is crucial, so consulting with a legal expert is recommended.

Common mistakes

When filling out the Eviction Complaint form in Franklin County, some common mistakes could lead to delays or complications in the process. One mistake is neglecting to provide complete and accurate information about the parties involved. The Plaintiff's name and address, as well as the Defendant's name and address, should be filled out clearly. Omitting or miswriting these details can result in the court being unable to properly identify the parties involved, which can stall the case.

Another frequent error is failing to specify the type of tenancy. In the form, there's a section asking for the type of tenancy held by the Defendant. This could be oral, written, or another arrangement. Skipping this part or being vague can undermine the complaint and prevent the court from understanding the nature of the lease agreement, potentially weakening the eviction case.

It's also crucial to detail the violations committed by the Defendant. If this section is left blank or lacks specific information, the court might not grasp the reasons behind the eviction. Providing clear examples of the tenant's violations can make the complaint stronger. Be explicit; clarity helps ensure that the court recognizes the validity of the claims.

Many people forget to attach a copy of the notice served to the Defendant. This notice is a critical piece of evidence. The form requires its inclusion, and without it, the eviction process can be delayed. Not adhering to this requirement can lead to unnecessary complications, including potential dismissals of the complaint.

Another mistake often made involves incomplete financial sections. The form requires exact amounts owed for rent, damages, and utilities. Leaving these amounts blank or providing incorrect figures may create confusion. Ensure that every financial detail is accurate and adds up correctly; the court will want to see clear documentation of the Defendant's financial obligations.

Lastly, many individuals overlook the need for a signature and printed name at the bottom of the form. This may seem like a simple oversight, but without a signature, the complaint is not valid. It’s essential to complete this final step to officially submit the document to the court. A missed signature can derail an otherwise well-prepared complaint.

Documents used along the form

When seeking an eviction, various forms and documents accompany the Eviction Complaint Franklin County form. Each of these documents serves a specific purpose to ensure that all legal requirements are met and that the process can proceed smoothly.

  • Summons: This document informs the defendant that they are being sued and requires them to respond to the eviction complaint. It outlines the court date and the expectations for the defendant to appear.
  • Affidavit of Service: This is a statement confirming that the eviction complaint and summons were delivered to the defendant. The affidavit includes details about how and when the documents were served, ensuring that the court has evidence of proper notification.
  • Notice to Quit: This is a formal notification given to the tenant, indicating that they must vacate the premises by a specific date. It highlights the reasons for the eviction and is typically required to be attached to the eviction complaint.
  • Rent Ledger or Payment Records: This document provides a detailed history of the rent payments made by the tenant. It helps establish any outstanding debts or disputes over payment that are relevant to the eviction case.
  • Request for Judgment: This document requests the court to issue a judgment against the tenant for any amounts owed, including back rent, damages, or other charges. It details what the plaintiff expects from the court in terms of financial compensation.

These forms and documents collectively support the process of eviction, ensuring all parties understand their rights and obligations. It is crucial to have accurate and complete information as these matters can significantly affect the lives of all involved.

Similar forms

  • Notice to Quit: This document informs a tenant that they need to vacate the property. Similar to the Eviction Complaint, it outlines the tenancy agreement and specifies the violations leading to the request for the tenant to leave.
  • Summons for Eviction: A summons is issued by the court to notify the tenant of the eviction proceedings. Like the Eviction Complaint, it formally initiates legal action, requiring the tenant to respond.
  • Landlord’s Affidavit: This affidavit contains sworn statements from the landlord about the tenancy and violations by the tenant. It parallels the Eviction Complaint in requiring factual details about the issues at hand.
  • Rent Demand Letter: A letter sent to tenants to demand overdue rent. This document shares a similar purpose by seeking resolution and detailing the amounts owed, akin to the claims made in the Eviction Complaint.
  • Answer to Complaint: This is the defendant's response to the eviction complaint. It operates similarly by addressing the claims made by the landlord and allowing the tenant to present their side of the issue.
  • Judgment for Possession: This court order outlines the court's decision regarding the eviction. It is similar in that it consolidates the claims made during the eviction process and provides a formal resolution.
  • Writ of Possession: This document authorizes law enforcement to remove a tenant from a property. It resembles the Eviction Complaint as both seek to ultimately address tenant occupancy and the landlord’s right to the property.

Dos and Don'ts

When filling out the Eviction Complaint form for Franklin County, consider the following guidelines to help ensure a smooth process.

  • Do: Provide accurate and complete information, especially regarding your address and the tenant’s details.
  • Do: Carefully explain the reasons for the eviction. Clearly state how the tenant violated the terms of the tenancy.
  • Don't: Forget to attach a copy of the written notice that was served to the tenant. This document is crucial for your complaint.
  • Don't: Leave out any amounts owed by the tenant. Specify the total amount for rent, damages, and utilities clearly.

Misconceptions

Many people have misunderstandings about the Eviction Complaint form used in Franklin County. Here are six common misconceptions:

  • The form is only for severe cases. Not true. This form can be used for various reasons, such as unpaid rent or lease violations.
  • You do not need any documentation. This is incorrect. The form requires proof of tenancy and a written notice to vacate before filing.
  • The process is automatic once the form is filed. Filing the form does not guarantee immediate eviction. A court date will be scheduled for both parties to present their cases.
  • Only landlords can file this complaint. While landlords typically file the eviction complaint, property managers acting on behalf of the landlord can also submit it.
  • Once an eviction is filed, the tenant is always evicted. This is a misconception. Tenants have the right to contest the eviction in court, and a judge will make the final decision.
  • The form is easy to fill out. While it may seem straightforward, completing the form accurately requires careful attention to detail to avoid delays in the process.

Understanding these points can help both landlords and tenants become better informed about the eviction process.

Key takeaways

  • Ensure all parties' names and addresses are correct to avoid delays in the eviction process.
  • Clearly state the type of tenancy — whether oral or written — to support your claims.
  • Attach a copy of the written notice to vacate, as this is crucial for demonstrating prior attempts to resolve the issue.
  • Specify the amounts owed for back rent, property damages, and utilities. This information helps to establish the basis for your claims.
  • Complete all signature fields to validate your complaint; missing signatures can result in rejection of the form.

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