A Second Cause in Housing Court
In Toledo when performing an eviction, you have two options. The first, and most common, cause is to evict for possession of the property. This is the classic "get out of my house" action that most people are familiar with. The second cause, and one that is not used as frequently, is essentially a monetary lawsuit. With a second cause you sue for delinquent rent, late fees, damage, et al.
You can file a first cause alone, a second cause alone, or a combined first and second.
My question: If you plan on filing a second cause (i.e. the deadbeat renter is gone and you have possession), how do you find out where he is to serve him the court summons? Has anyone done this?
#1 All Forums Contributor
- Investor
- Virginia
Quote from @Christopher Sandys:
In Toledo when performing an eviction, you have two options. The first, and most common, cause is to evict for possession of the property. This is the classic "get out of my house" action that most people are familiar with. The second cause, and one that is not used as frequently, is essentially a monetary lawsuit. With a second cause you sue for delinquent rent, late fees, damage, et al.
You can file a first cause alone, a second cause alone, or a combined first and second.
My question: If you plan on filing a second cause (i.e. the deadbeat renter is gone and you have possession), how do you find out where he is to serve him the court summons? Has anyone done this?
Finding him is the challenge, typically your attorney can pull a lexis nexus and try and find their location to get them served.
Thank you for the reply. I'm doing this pro se, so no lawyer. My tenant is clearing out right now, and at the rate he has been packing and moving, I think he will be gone within 24 hours.
I'm tempted to throw an air tag on his car, so I can have knowledge of his new whereabouts for this purpose. ("Tempted," I did not say I was doing it.)
@Chris Seveney
Hi Chris, Have you ever done a Second Cause? If so, how did it go for you?
If he is still there, you may want to try a little game about returning his security deposit/following the law. Depending on his “abilities,” you can get his forwarding address by following the law that actually applies to both parties here:
ORC Section 5321.16 (B) “… The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section.”
https://codes.ohio.gov/ohio-revised-code/section-5321.16
Lol use a lawyer
I've never done an eviction in Ohio, but I have done them in Connecticut. My experience is that they are easy and straightforward, and I was getting them done far more quickly than the lawyers.
I suppose I'm not busy enough!