Eviction Diversion Services

The Eviction Diversion Services Program assists tenants facing eviction and offers assistance when possible to prevent evictions. Program staff are available to explain the eviction process, outline various options for tenants being evicted, and provide information and referrals for a number of community-based services, which assist with locating housing, providing financial assistance for rent and security deposits, and offering legal assistance.

Area of Service: Cuyahoga County


Call for Assistance:   (216) 432-0614 x 30 or email tao@clevelandtenants.org

This information is intended for people who have eviction cases pending at either the Cleveland Municipal Court or a Cleveland Suburban Court. 

None of this information is legal advice.

Please carefully read this information. If you have any questions about anything that you read, please call us at (216)432-0614 x 30.  You can also call us if you need more information about your eviction. Our staff will help you in any way that we can. There is no fee for any of our services.

 

1.  What kind of papers should I have from the court?

The court probably sent you two things: a summons and a copy of the complaint to evict you.  The summons tells you when and where to go to court.  The complaint is the paper the landlord filled out; It tells you why you are being evicted.  Read both papers carefully.

2. My court papers say “Forcible Entry”.  What does that mean?

“Forcible Entry and Detainer” is the legal term for an eviction.  It does not mean that you have broken any criminal laws. 

3. What will happen at my hearing?

When you go to your hearing, the court will decide if the reason for your eviction is true.  The court will also decide if you were served with the correct notice to leave, and if the person or company evicting you owns the property. 

4. Will I be allowed to say anything at my hearing?

Yes.  During your hearing, you can tell the court anything that you feel is unfair about the eviction, or any reason why you should not be evicted.  If you have made any recent rent payments, or if your landlord did not give you a three-day notice to leave, make sure to say so.  You can also write an answer to your landlord’s eviction complaint.

5.   What is an answer?

An answer is your written reply to your landlord’s complaint to evict you.   In your answer, you can tell the court anything you disagree with about your eviction, or anything that you feel is unfair about your eviction.  To file an answer, you need to write out your answer on a legal form, or a letter, and take it to the Clerk of Courts.   It is very important to file an answer if your landlord wrote in the court papers that you owe money.   If you don’t file an answer, your landlord will get an automatic judgment for all of the money requested in the court papers.  You can call us for a form that you can use to write your answer.

6.   What if I lose my case in court?

If you lose your case, the court will order you to move, and tell you what day you have to move.

7.  If I have to move, will I get 90 days to move?

No.  If you lose your case, you will probably have to move within 7-14 days after the hearing.

8.   What happens if I can’t move out on time?

If you don’t move by the day you are told to move, the landlord will have the right to have you moved off of the property. 

9.   Can my landlord or manager throw my stuff out?

No.  Your landlord or manager can’t touch your belongings, or lock you out, or turn off your utilities.  Only bailiffs from the court, or movers supervised by court bailiffs, can move your belongings and change your locks, if you don’t move by the day you were told to move.

10.  What if I don’t go to my eviction hearing?

If you don’t go to your hearing and your landlord does go, you will probably be given seven days to move.

11.   After I move, can I forget about the eviction?

Maybe.  But your landlord may also be suing you for money.   You might have to go back to court, after you move, to decide if you owe any money to the landlord.  If your landlord included a claim for money in your court papers, you have to file an answer disputing the amount.  If you don’t file an answer, your landlord will automatically win a judgment against you.  Your landlord could then garnish your wages, now or in the future.

12. Can I counter-sue my landlord?

Yes.  If your landlord sues you for any money, you can counter-sue your landlord.  Some common reasons to counter-sue your landlord are: If you were paying too much rent because the landlord wouldn’t fix things;  If you spent any money to improve or repair the property;  If you paid a security deposit that has not been returned;  If you were injured on the property.   You can use our answer form to counter-sue your landlord.  Call us for the form. 

 

13.  Is there any way that I can stop this eviction?

Yes!  The three best ways to stop the eviction are:

1. Talk to your landlord.

2. Apply for money to help you pay rent.

3. Fight the eviction when you go to court.

14.   You said I can stop the eviction by talking to my landlord.  Isn’t it too late for that?

No.  Landlords often take people to eviction court just to get them get them to pay.  If you can pay some of your rent or all of your rent, ask your landlord or manager if you can still make payments.    

15.   You said I can apply for money to pay my rent.  How can I do that?

You might be able to get help to pay your current landlord, or to pay a new landlord if you move.  On the back of this brochure, there is a list of agencies that might be able to help you pay rent.

16.  You said I can fight the eviction.   How?

If you feel that your eviction is unfair, you might have a legal defense.   A legal defense could stop you from being evicted.  Call us if you think you have a defense.  We can help qualifying tenants receive legal services.

17.  Do I have more rights in an eviction if the government pays some or all of my rent?

Yes.  If you rent from any subsidized or low-income program, such as Section Eight, CMHA, HUD or Shelter Plus Care, you have more protection from eviction than most other renters.  Call us for help to find a lawyer.

18. What if nothing works and I have to move?

If you can’t stop your eviction,  call us for a list of housing that is available to rent.  We also have lists of shelters, transitional housing, and low-income housing.

 

LEGAL DEFENSES THAT MIGHT STOP AN EVICTION

An eviction defense is a legal reason why you should not be evicted. If you go to court and tell the judge that you have a defense and the judge agrees with you, you will not be evicted. Here are some of the eviction defenses that might stop your eviction:
  • You might have an eviction defense if your landlord did not give you a three-day notice to leave before filing the eviction complaint against you. The three-day notice is also called a Notice to Vacate.
  • You might have an eviction defense if your three-day notice did not include all of the words written below:
    • "You are being asked to leave the premises. If you do not leave an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."
  • You might have an eviction defense if your landlord gave you a three-day notice for non-payment of rent before your grace period to pay rent ended.
  • You might have an eviction defense if your landlord accepted any rent from you after giving you a three-day notice.
  • You might have an eviction defense if you receive Section 8, and your landlord lost the Section 8 contract or the contract was abated after your unit failed inspections.
  • You might have an eviction defense if you receive Section 8 and your landlord accepted money from CMHA after giving you a three-day notice, or if your landlord didn't send CMHA a copy of the notice.
  • You might have an eviction defense if your landlord had often accepted late rent from you, and then gave you an eviction notice because you tried to pay your rent late.
  • You might have an eviction defense if you have a month-to-month agreement and you paid your landlord part of your rent during a month, then your landlord filed an eviction against you for not paying all of your rent that month.
  • You might have an eviction defense if you offered all of your rent to your landlord when it was due, and your landlord did not accept your rent.
  • You might have an eviction defense if the person evicting you does not own the property, and did not have an attorney fill out the complaint to evict you.
  • You might have an eviction defense if your landlord is evicting you only because you had complained about something the landlord should have done.
  • You might have an eviction defense if your landlord did not maintain your apartment, causing your apartment to be worth less than you were paying for it.
These are not all of the defenses available to you. Call us if you want more information about eviction defenses. 

HOW CAN I FIND OUT IF I HAVE AN EVICTION DEFENSE?


Whether or not you have a legal eviction defense depends on many things. If you think that you have an eviction defense, the best way to find out is to talk to an attorney. If you can't afford an attorney, you can take your court papers to Legal Aid at 1223 West 6th St., or to 3408 Lorain Ave. If you go to Legal Aid, arrive between 1:00 and 4:00 P.M.

If Legal Aid can't help you and you can't find other legal help, you can call us and we will discuss defenses with you.

WHAT RIGHTS DO I HAVE DURING THE EVICTION PROCESS?

You can only be moved out of your apartment by Housing Court bailiffs. The bailiffs can only remove you if you stay in your apartment until the day that the court has ordered you to leave. Nobody can make you leave your rental unit before the day that the court ordered you to leave. Your landlord can not turn off your utilities or change your locks or do anything else to try to make you leave.

You have the right to ask for a jury trial. If you do not ask for a jury trial, a magistrate or Judge will hear your case. You also have the right to have a judge hear your case instead of having a judge's magistrate hear your case. You have a right to file an Answer, Counterclaim, and other legal papers.

If the judge orders you to leave and you disagree with the judge's decision to evict you, you have a right to try to stop the eviction by asking the court to set aside the decision. Call us here at the Eviction Diversion Program if you need help to fight the Court's decision to evict you.

If you have filed for bankruptcy, you may have a right to stop your eviction because of your protection from creditors. Contact your bankruptcy attorney if you have one, or call us for a referral to an attorney.