Complaint in Forcible Entry and Detainer (Eviction) and Claim for Money Damages – Ohio Court
This form, titled “Complaint in Forcible Entry and Detainer (Eviction) and Claim for Money Damages,” is a legal document used in the Cleveland Municipal Court Housing Division. It is designed to initiate eviction proceedings against a tenant and, if applicable, to claim financial compensation for damages or unpaid rent. The form requires specific information and attachments to support the claims, such as documentation of ownership, rental agreements, notices served, and any other relevant exhibits.
Filling out this form is crucial for ensuring that your eviction process proceeds smoothly. Below is a step-by-step guide to help you complete this form accurately:
Case Information
- Court and Judge Details:
- Fill in the name of the court (Cleveland Municipal Court Housing Division) and the judge’s name (W. Moná Scott).
- Case Number:
- Enter the case number if available. Leave it blank if it will be assigned later.
- Parties Involved:
- Plaintiff(s): Write your name or the name of the entity filing the complaint.
- Defendant(s): Write the name(s) of the tenant(s) you are seeking to evict.
- First Cause of Action for Eviction
- Premises Location
- Provide the complete address of the property, including unit number, floor, etc.
- Property Type
- Check the appropriate box to indicate if the premises is a single, double/duplex, or multi-unit building.
- Ownership
- Write the name of the owner of the premises.
- Attach documentation proving ownership (e.g., printout from the Cuyahoga County Fiscal/Auditor or My Place website).
- Plaintiff’s Role
- Check the appropriate box to indicate if you are the owner, agent for the owner, or other.
- Attach documentation proving your authority to file the complaint if you are an agent or business entity.
- Property Use
- Check the appropriate box to indicate if the property is used for residential or commercial purposes.
- Attach the Certificate of Rental Registration if the property is residential.
- Rental Agreement
- Check the appropriate box to indicate the type of agreement with the defendant (written, oral, land installment contract, no agreement, or other).
- Attach a copy of the rental agreement or explain why it is not attached.
- Reason for Terminating Tenancy
- Check the box that corresponds to the reason for eviction (non-payment of rent, breach of lease, termination of tenancy, violation of tenant duties, non-color of title, or other).
- Federal Subsidy
- Check the appropriate box to indicate if the tenancy is subject to a federal subsidy.
- Attach relevant notices if the subsidy was terminated.
- Notice to Vacate
- Enter the date the notice to vacate was served and the method of service.
- Attach a copy of the notice.
- Second Cause of Action for Money Damages (if applicable)
- Unpaid Rent
- Enter the monthly rent amount and the months for which rent is unpaid.
- Ongoing Rent
- Confirm that the defendant will continue to owe rent after the filing of the case at the same rate.
- Late Charges
- Enter the amount of late charges per month and the months they are due.
- Other Charges:
- Specify any other charges the defendant has failed to pay, including utility charges.
- Property Damage
- Estimate the amount of property damage beyond normal wear and tear and check all applicable boxes related to the damage.
- Security Deposit
- Enter the amount of the security deposit retained by the plaintiff.
Prayer for Relief
- Eviction Order
- Indicate your request for an eviction order and restitution of the premises.
- Money Judgment
- If applicable, check the box and enter the total amount of money damages you are claiming, along with the ongoing liabilities.
Signature
- Plaintiff’s Signature
- Sign and date the form. Ensure that you, as the plaintiff, sign it yourself if you are not an attorney or authorized representative of a business entity.
Additional Attachments
- Ensure all required exhibits and documentation are attached to the form to support your claims. This may include:
- Proof of ownership
- Rental agreements or contracts
- Notices served to the tenant
- Certificate of Rental Registration
- Proof of federal subsidy termination (if applicable)
By carefully completing each section and attaching the necessary documents, you can ensure that your Complaint in Forcible Entry and Detainer (Eviction) and Claim for Money Damages is properly filed and ready for court proceedings.