Termination of the landlord-tenant relationship by the tenant, without the landlord’s consent. It does not relieve the tenant from liability under the lease agreement.
Become due and payable
An answer is filed with the court if you would like to contest a filing against you in court. You can obtain a form through Cleveland Tenants Organization or the particular court system you are going through for the hearing. The answer must be turned in by the date the court allows for the answer to be submitted. This date can be found through the Clerk of Courts. This allows the court to fully understand by the defendant why they feel they should not be charged with the filing before them. These are primarily used for the monetary portion of the hearings.
Sign a document of any sort as a witness
This person may be authorized by the landlord to collect the rent and also can assign duties the landlord would otherwise do while he is not available.
When you have a defense you absolutely believe is going to stop the eviction, you may apply for a bench trial to have your case heard before a judge. This will prohibit you also from enduring the long line of defendants in the court. It serves as an ability to get sole and exclusive attention of the judge. You must file the proper paperwork ahead of time.
If you cannot make your court date and know ahead of time, you may apply for a continuance. Generally a continuance must be in the courts and requested within two days of the actual court date. Some courts may be different, you will need to check with your specific court by calling either the Bailiff or the Clerk of courts in the civil division for evictions.
Money which is paid to a person who has suffered loss
Found in many cities small government this department can assist you in many circumstances. The City of Cleveland has an extensive department that has an assistance program for those who are being evicted, need someone to advocate for them or just to answer frequently asked or particular questions that you need answers to.
When a landlord will not rent to you based on sex, religion, race, creed or color. There are agencies who will help you through in identifying these types of illegal practices by the landlord.
A list of emergency shelters that are in the area to assist you in last minute unfortunate potential homelessness. These are always available but have certain criteria levels such as women separate from men for example, or perhaps women with children.
Removal of a tenant from possession of leased premises
Tenants who have breached an obligation of a written agreement, tenants who have breached their obligations that materially affect health and safety. A tenant who fails to vacate after three days when the landlord has actual knowledge of the violation of State laws or local ordinances involving controlled substances.
Like the building inspector you can reach this individual through your local government at the city level or the county level. This person is in charge of decisions that will help keep you and your family safe as you have the right to in your home and the city you reside in.
Tenant who remains in leased premises after the expiration of the leased term without permission of the landlord.
This is a person who is found in the Cleveland Municipal Court ONLY, and is available to answer questions during normal operating hours of the court. They are there to help with any questions before, during or after you court hearing. They cannot and will not give out legal advice.
This person can be found in the directory of your local city government website or by calling the building department directly. They will be able to physically visit your property and make a determination on any building code violations and direct the landlord to comply with the necessary repairs to keep the house up to code and habitable.
This agency can help look into potential problems you face with your landlord, stemming from retaliation, race, or sexual discrimination, any unfair housing practice. They have advocates to assist you and also an enforcement agent available to help when necessary.
This is a website developed to help you find housing. This can be found on the computer by typing in housingcleveland.org. You can browse through area markets of housing available at your fingertips, instead of looking through newspapers and making tons of calls and wasting time and gas, or trips to and from on public transportation.
Judicial action ordering a stop to some allegedly legal activity.
As with every court hearing you have the right to trial or hearing by your peers. A hearing with a jury can be obtained by filling out the proper forms and possibly paying rent into escrow. The reason you may need to place funds into escrow is due to the time it will take to pick a jury and have a hearing, this is so it is fair to the defendant and the plaintiff.
Person from whom premises are rented, including the person or entity who receives the rent or manages the premises.
An oral or written agreement for renting premises for a defined period.
Tenant, or person who rents premises from a landlord.
A civil officer charged with the administration of the law, a minor judicial officer, having jurisdiction to try minor cases and to conduct preliminary examinations of persons charged with serious crimes.
This is a third party person who will listen to both sides and try to help progress the parties to an outcome that works for them both. Mediation can be obtained through a service that specializes in that. Cleveland Municipal Court has a formal mediation department especially for the housing court division and has proved to be very effective. Both parties must want mediation before it can be used.
Known also as a Motion to Object to the Magistrates report, this is a request that is made primarily due to not attending the hearing, or just disagreeing about the outcome in general. It is saying that the court did not hear sufficient evidence that can change the outcome of the case. Generally the motion to stay is filed alongside this motion so you can stay while awaiting another hearing.
This form will give the tenant a way to make sure that the landlord is not able to re-rent the unit before it is properly inspected by the city building department for coding violations.
A form filed to stay on the premises asking for the eviction move out date to be taken away or moved further back giving you more time to stay. This would be filed after the decision to evict was granted by the court.
This is a program through the county that can help with up to $750.00 in funding for utilities and or rental assistance to move with or pay late rent. You must have an issue that occurred which you could not prevent. You must also have a child (minor) in the household and a court date, with the ability to show the problem has resolved itself or the circumstance has improved so you have the ability to pay the rent moving forward. This program is based on sustainability in the future of your living where you do.
Continuation of the term of a lease/rental agreement after its expiration, without the execution of a new agreement.
When a tenant deposits rent money that is paid on time to the Clerk of Courts in the city where the property is and is kept there until the landlord shows proper proof of repairs and applies for the deposit to be released to them.
This term is defined that of when a landlord tries to evict you after a complaint is made to the landlord or an agency in the city, county or state about an issue regarding tenancy such as a repair. The eviction from the landlord would have to be made on the “heals” of the complaint made by the tenant. I.E. Mr. Landlord my water in the bathroom is leaking and the front porch is falling apart. The landlord right after this complaint does not take your rent and files for an eviction or simply gives you a 30 day notice to leave and not renew your lease.
A deposit of money or property to secure performance by the tenant under a rental agreement, this can be held until tenant moves out. The landlord may deduct from the deposit any rent that is owed or for costs of damages and repairs over and above normal wear and tear.
When a landlord tries to evict you by shutting off your utilities or changing your locks. This is called a self-help because the landlord is not going through a court system to evict, hence passing up your right and “helping himself” to evict you.
This is allowing the tenant to become the landlord and rent out to another (third person) which then becomes the tenant
So one-sided as to be unfair to one of the parties.
The Writ is given to the tenant through the court after a decision is made to evict by the judge. It has to be purchased by the plaintiff (landlord) and can be either sent by mail to the tenant or is handed to them at the time of the decision after the purchase by the landlord. This is a permit to allow the landlord to remove the tenant’s belongings from leased premises.