Cleveland Housing Court Local Rules

All criminal cases regarding violations of the City of Cleveland’s Building, Housing, Fire, Health, Sanitation, Safety, Zoning, Sidewalk and Air Pollution Codes shall be assigned to the Housing Division for adjudication.

Pursuant to Crim.R. 4.1, the City may issue a citation for the offenses described in Schedule A, attached. The citation shall inform the defendant that, in lieu of appearing at the time and place stated, the defendant may, within that stated time, either mail in the waiver amount as indicated on the citation or appear at the office of the Clerk of Court (“Clerk”), sign the guilty plea and waiver of trial provision of the citation, and pay the total amount of the waiver fee and costs to the Clerk. The citation shall inform the defendant that he or she may be arrested if he or she fails to appear either at the Clerk’s office or at the time and place stated in the citation.

1. To ensure accurate, expeditious processing of criminal complaints and citations, unless otherwise ordered by the Court, no more than fifty (50) criminal cases will be accepted for filing in the Housing Division on any one day.
2. To ensure effective management of the Court’s criminal caseload, the Clerk shall set no more than one hundred (100) new case filings for arraignment (first appearance) on any one day’s docket.

1. To permit the Clerk adequate time to identify and process all cases, all criminal complaints and citations must be filed with the Clerk at least twenty-eight (28) days prior to the scheduled hearing date.
2. The Clerk shall return to the City of Cleveland unprocessed any criminal complaints or citations filed fewer than twenty-eight (28) days prior to the scheduled hearing date.

1. Criminal summons and complaints (other than minor misdemeanor citations), including an arraignment date, shall be served on defendants by certified mail from the Clerk (including any duly appointed deputy of the Clerk of Court). Bailiff service shall be attempted if the certified mail is returned unclaimed. If service has not been completed within eight (8) weeks, the Court may order a warrant to issue. The Court may shorten this period for good cause.
2. Minor misdemeanor citations, including an arraignment date, shall be served on defendants via certified mail by the City of Cleveland. Bailiff service shall be attempted if the certified mail is returned unclaimed. If service has not been completed within seven (7) weeks, the Court may order a warrant to issue. The Court may shorten this period for good cause.
3. To allow adequate time for the proof of service to reach the docket and be placed in the court file, the Clerk shall issue service of process in all criminal cases at least twenty-one (21) days prior to the Court date. If the Court sets a hearing to occur fewer than twenty-one (21) days in the future, and the Clerk is required to issue service on that case, the Clerk shall issue service within two business days of receipt of the entry from the Court setting the new court date.
4. The City of Cleveland’s failure to provide a good service address may result in dismissal of the citation or complaint.

1. Pursuant to Crim.R. 4 and 4.1, the Court may obtain a defendant’s appearance either by serving a summons upon the defendant or by issuing a warrant for the defendant’s arrest.
2. When a defendant is notified of an outstanding arrest warrant and voluntarily reports to the Court as a result of this notification, the Court shall schedule a new court date by preparing and journalizing a judgment entry. The judgment entry may also recall any outstanding arrest or capias warrant and require defendant to post bond, as determined by the Judge. The Court shall inform the defendant of the new court date when the warrant is recalled and any required bond has been posted.

1. Initially, all cases shall be set for arraignment within six (6) weeks of filing. At the arraignment the defendant will be required to present a photo ID, along with vital statistics, to the Court. Arraignments may be conducted by the Judge or a Housing Division Magistrate.
2. If a defendant corporation or business entity does not have counsel at the time of the arraignment hearing or its attorney has failed to file a Notice of Appearance and Authorization to Enter Plea pursuant to Local Rule 1.07(C), unless otherwise ordered by the Court, the case will remain on the Court’s Arraignment Docket for two hearings. If the defendant corporation or business entity fails to obtain legal representation or its attorney fails to file a Notice of Appearance and Authorization to Enter Plea by the date of the second arraignment hearing, then the case will be referred to Housing Court’s Corporate Docket.
3. If a defendant corporation or business entity’s case is referred to the Court’s Corporate Docket, unless otherwise ordered by the Court, the case shall remain on the Corporate Docket until an attorney on Defendant’s behalf files a Notice of Appearance and Authorization to Enter Plea.

1. The Judge of the Housing Division shall set bail pursuant to the Schedule B, attached, and shall take into consideration the factors listed in Crim.R. 46(C).
2. Absent a court order on the case governing bail, the Clerk or duly authorized deputy clerk may require that defendants in criminal cases in the Housing Division post bond in accordance with Schedule B, attached.
3. A defendant charged with a misdemeanor offense before this Court may be admitted to bail, under Crim.R. 46, upon posting of the bail in cash, or upon the presentation of a valid major credit card or in such other form as accepted by the Clerk. Said major credit card must be one issued by a bank or other recognized and established institution and must have a credit balance sufficient to cover the bail amount.
4. The Clerk shall compile, and submit to the Court for approval, a list of the issuers whose credit cards are to be accepted for use in making bail under this section. The list shall include the names of the cards issued by each issuer.
5. No credit card transaction shall be permitted if said transaction will result in a service charge against the Clerk.

1. The Court may order one or more pretrial conferences in accordance with Crim.R. 17.1.
2. Unless otherwise ordered, all parties and counsel must attend all scheduled pretrial conferences. Failure to appear for pretrial may be punished as contempt of court. The Court may instruct the parties to conduct an informal pretrial outside the presence of the Court.
3. The Court, upon motion by a party or on its own initiative, may permit one or more parties to appear for pretrial and status conferences via video conferencing. The motion of a party to appear via video conferencing must be made in writing. Approval for appearance via video conferencing may be conditioned upon posting of bond or other terms as determined by the Court. Appearance via video conferencing may also result in assessment of additional costs. Motions requesting leave to appear via video conference must be filed no later than fourteen (14) days prior to the pretrial or conference.

1. In addition to any scheduled pretrial conferences, the Court may order a settlement conference, which shall be conducted by a conference manager, who may be the Judge, a magistrate, a judicial clerk or an alternative dispute resolution specialist.  Parties should be prepared at the settlement conference to make vigorous effort to achieve settlement.  As part of the settlement conference process, the conference manager shall review with the respective parties the facts of the case, the strengths and weaknesses of the respective positions, and the consequences of proceeding to trial.  Parties and counsel should allocate at least two (2) hours for the settlement conference.
2. All parties and counsel are required to attend the settlement conference.  In addition, other concerned individuals or entities (e.g. neighbors, contractors, etc.) may be invited to attend

1. All motions, except those made during trial or hearing, shall be made in writing. Pretrial motions shall be filed within the time limits established by the Ohio Rules of Criminal Procedure. Post judgment motions shall be filed and served not less than fourteen days before the time specified for the hearing. Where the continuance is sought because counsel is scheduled to appear in another case assigned for the same date and same time, the motion must include an attached copy of the conflicting assignment.
2. A party shall not file a motion prior to the entry of a plea, except those motions listed as exceptions in Crim.R. 12.
3. A copy of any motion filed with the Clerk must also be served on the Code Enforcement Prosecutor of the City of Cleveland Law Department, 601 Lakeside Avenue, Room 106, Cleveland, Ohio 44114. Failure to serve a copy, as indicated herein, shall constitute a failure to file and may be grounds for striking the motion.
4. Upon the filing of a pretrial motion, the Clerk shall time stamp and file the motion and shall forward the motion and the case file to the Housing Division within three (3) business days. Upon the filing of a post-judgment motion, the Clerk shall time stamp and file the motion

1. Every case not resolved at arraignment or pretrial shall be set for trial. Where the maximum sentence for individuals is One Hundred Fifty Dollars ($150) or less, and the sentence for organizations is One Thousand Dollars, ($1,000), there is no right to a jury trial, and the case shall be tried by the Court. Where the right to a jury trial does exist, a written demand must be made in a timely manner. If a jury demand is timely filed, the case shall be set for jury trial, and the Court may issue a Jury Trial Conference Order stating the timeline for when all required filings are due.
2. Any demand for jury must be in accordance with the Ohio Rules of Criminal Procedure and must be filed with the Clerk no later than the later of (i) ten (10) days prior to the date set for trial OR (ii) on or before the third day after receipt of the notice of the date set for trial.

1. The Court may issue a subpoena for a non-party witness as needed to obtain information necessary to the administration of the criminal case.
2. All subpoenas issued by the Court must be time-stamped and docketed by the Clerk of Courts upon issuance.
3. All subpoena returns by the Bailiffs must be docketed within one week of filing by the Clerk of Courts.

Sentencing hearings shall be set within forty-five (45) days from the finding of guilt. For good cause shown, this period may be extended to one hundred eighty (180) days.

1. At the time of sentencing and after sentencing, when a fine is imposed for a misdemeanor, the Court, in its discretion, may permit the payment of all or any portion of the fine in installments, upon such terms as the Court considers just. The Court may enlist the services of the Clerk in arranging a payment plan; however, under no circumstances may the payment plan exceed two (2) years or past the time of community control. The requesting party is responsible for the time to pay (TIP) fee unless waived by the Court.
2. Failure to comply with the payment plan may subject the defendant to sanctions, including but not limited to, revocation of the payment plan, punishment for contempt of court, and/or conversion of the fine and costs to a civil judgment as allowed by Ohio Revised Code ("R.C.") 2929.18.

1. The Housing Division of the Cleveland Municipal Court has established a Selective Intervention Program ("SIP") to assist eligible and approved criminal defendants who reside in the cited property with abating the enumerated violations issued in the inspector's violation notice, which have brought them before the Court. The defendant and the prosecutor shall file a joint motion requesting defendant be screened for SIP. The Motion requesting SIP placement shall state why defendant qualifies. Upon referral by the Judge, a housing court specialist shall screen a defendant being considered for participation in the SIP program.
2. For defendants to be accepted into SIP they must: a) not have any prior criminal history with the Court; b) have never been placed in SIP in the past; c) be the owner and resides in the cited property with no ownership in any other properties including investment properties in the City of Cleveland d) and e) be willing to work towards timely abatement of violations and compliance with Cleveland Codified Ordinances.
3. All persons referred to the SIP shall be assessed a non-refundable administrative SIP Fee. The Court shall render an explanation of the program and the fee to the defendant prior to placement into SIP.
4. For good cause shown, the Court may waive the SIP fee if the Court determines through an indigency hearing that the defendant is indigent or otherwise unable to pay.
5. Pursuant to R.C. 1901.14, the SIP administrative fee shall be paid to the Clerk of the Cleveland Municipal Court, who shall pay the fee directly to the Treasurer of the City of Cleveland. The SIP fee shall include the cost to seal defendant's record immediately upon successful completion of SIP.
6. The Clerk shall accept the SIP fee in cash, personal check, certified check, money order or upon a valid major credit card. Said major credit card must be one issued by a bank or other recognized and established institution and must have a credit balance sufficient to cover the amount of the fee.
7. Defendant shall plead "Guilty" with a finding of "Guilt" to all counts issued in the City's Complaint.
8. If the defendant is found not eligible or removed from the SIP docket, the case shall be returned to the Judge's criminal docket, and the defendant shall be given a new court date by the Court for a hearing to determine if the Defendant's SIP termination is warranted.
9. The Code Enforcement Prosecutor shall confer with the assigned housing court specialist to determine that a termination from SIP is warranted. The prosecutor shall file a Motion to Terminate the Defendant from SIP and Return the case to the Court's Criminal Docket. The prosecutor shall state the reason for termination. The defendant may file a reply motion; both motions are to be heard on the Court's Criminal Docket to determine if the defendant's SIP shall be terminated.
10. Upon successful completion of SIP, the Court may grant the written joint motion of the parties to nolle and dismiss the underlying criminal case due to successful completion of SIP. A joint judgment entry and order shall be attached to the joint motion to dismiss/terminate SIP, along with the defendant's motion to seal the SIP case. All motions will be ruled on upon return to the Court's criminal docket.

Each month the Clerk shall prepare a docket (print out) of cases wherein a summons or warrant has not been executed within the guidelines established by this Rule. The Judge of the Housing Division shall review these cases and may order such summons and warrants withdrawn, and the cases closed, when it does not appear that justice may be served by allowing them to remain active. The time guidelines are as follows:

Prejudgment Misdemeanor Warrants
Minor Misdemeanor Warrants 2 years
Second, Third and Fourth Degree Misdemeanor Warrants 2 years
First Degree Misdemeanor Warrants 5 years
All Post-Judgment Misdemeanor Warrants 5 years

1. Search warrants signed by and returned to the Judge of the Housing Division shall be maintained on file in the office of the Clerk.
2. The Clerk shall maintain an index of the search warrants.          Warrants shall be indexed by the date of return.
3. Warrants and all accompanying documents shall be retained by the Clerk for five (5) years. Warrants shall be maintained in the Clerk's office for two (2) years. Warrants more than two (2) years old but less than five (5) years old may be held by the Clerk in off-site storage.
4. Warrants and all accompanying documents may be reviewed upon request. The request to review a warrant and accompanying documents must be made in writing, to the Clerk. The individual requesting review of a warrant must provide the Clerk with the address of the premises and the approximate date of return of the warrant.

1. The Court may sentence an offender to any community control sanctions authorized by R.C. §2929, the requirements of which are commonly known as probation requirements.
2. The Court has established certain community control sanctions to apply in criminal cases in the Housing Court. These sanctions shall be called the “General Community Control Sanctions” or “General Probation Requirements” of the Housing Division of the Cleveland Municipal Court and are set forth in the Appendix to these Local Rules.
3. The Court may modify the General Probation Requirements in a specific case or may impose on an offender specific community control sanctions (also called specific probation requirements) in addition to the General Probation Requirements.
4. Publication of these General Probation Requirements in these Rules serves to notify defendants who are charged in criminal cases of the community control sanctions that the Court may impose.
5. If the Court, after notice and hearing, determines that a defendant has violated Community Control Sanctions, the Court may extend the period of Community Control, impose additional Community Control Sanctions, execute upon any portion of the defendant’s sentence previously suspended, or re-sentence the defendant on the original charges upon which the defendant was convicted.
6. While a defendant is on Community Control, the Court may order the defendant to refrain from selling, transferring or gifting all properties that defendant owns in the City of Cleveland pursuant to R.C. 2929.25.

The magistrates of the Housing Division, or such other magistrates as assigned by the Court, are empowered to hear and report on all cases.

The Housing Division Judge shall act on all magistrates’ decisions in conformance with Civ.R. 53.

1. Filing objections to a judgment on the eviction does not operate as an automatic stay of enforcement of that judgment. A party seeking a stay of execution on the eviction judgment (i.e. stay of the move-out) must file a written request for such stay. The move-out shall proceed unless the request for stay is granted. IF A MOVE-OUT HAS BEEN ORDERED, PARTIES SHOULD FILE THEIR OBJECTIONS PROMPTLY.
2. For good cause shown, and upon the objecting party so requesting, the Court may extend the timeframe within which to submit the transcript or affidavit. Failure to submit a transcript or affidavit may result in summary overruling of the objections

1. The language required by R.C. 1923.04(A) to be printed or written in a conspicuous manner in the notice to leave the premises (“Notice”) will be presumed by this Court to be conspicuous where the printing or writing of that language is (i) at least twice as large as all other printing or writing on the Notice and (ii) printed or written in contrasting, bold face type or writing. Other elements that may assist in meeting the requirement that the statutory language be conspicuous may include combinations of all capital letters, contrasting color, borders or other such elements to be determined on a case by case basis.
2. Proof of service and a copy of the Notice required by R.C. 1923.04(A), (C) or R.C. 5313.06 must be attached to the complaint. Failure to do so may result in sanctions, up to the dismissal of the complaint without prejudice.

An eviction action may be filed as the sole claim in a given case or may be filed in conjunction with additional claims, such as a claim for money damages.

The Housing Court bifurcates the eviction from the claim for money damages. However, the claims may be combined for hearing where (i) a party timely files a jury demand, (ii) a party timely files, and the Court grants, a motion for bench trial or (iii) the Court so orders for other good cause.

1. Eviction complaints shall comply with Civ.R. 7 through 15. In addition, the complaint shall state a street address of the plaintiff. A plaintiff's address stated as a post office box is insufficient. The complaint shall also (1) identify the trust where the plaintiff is a trustee and (2) identify in both the caption and body of the complaint the property owner where the plaintiff is an agent.     Failure to include the property owner in the caption and body of the complaint and on the designation sheet may result in sanctions, up to dismissal of the complaint without prejudice.
2. The grounds for the eviction shall be stated with sufficient specificity to allow the defendant to understand the grounds for the _eviction and to formulate a defense, if any. The grounds include, but are not limited to, the following:
   1. non-payment of rent;
   2. termination of a periodic tenancy pursuant to R.C. 5321.17;
   3. expiration of lease;
   4. non-color of title;
   5. violation of R.C. 5321.05(A)(9) (drug activity);
   6. breach of a specific obligation imposed by R.C. 5321.05; or
   7. breach of a specific obligation imposed by a written rental agreement (other than non-payment of rent).
3. Where the parties have executed a written rental agreement (lease), it shall be stated in the complaint, and the rental agreement shall be attached to the complaint, pursuant to Civ.R. 10(0).
4. If the complaint includes a claim for money damages, it shall include the following:
   1. the amount of monthly rent;
   2. the amount of the security deposit, if any;
   3. the month(s) and year(s) for which plaintiff is seeking back rent;
   4. late fees, if any;
   5. the request that rent be awarded until the defendant/tenant vacates or until the lease expires; and
   6. the estimated amount and type of property damage sought, if any.
5. Failure to comply with the requirements of this Local Rule may result in dismissal of the complaint or other appropriate sanctions.

1. In an eviction action against a deceased resident or deceased resident’s estate, plaintiff shall file an affidavit stating that it has searched the appropriate probate records to determine whether a probate court has granted letters testamentary or of administration for the estate.
2. If a probate court has granted letters testamentary or of administration for the estate, plaintiff shall provide the Clerk of this Court the name and address of the probate court, case number of the estate, and name and address of the executor or administrator.
3. If a probate court has not granted letters testamentary or of administration, plaintiff shall provide the Clerk of this Court with the names and addresses of the deceased resident’s spouse, if any, and any other member of the deceased resident’s immediate family known to the plaintiff.
4. If, after a search of the appropriate records, plaintiff cannot determine whether a probate court has granted letters testamentary or of administration and/or does not possess the information required in paragraphs B and C of this section, plaintiff shall file an affidavit with the Clerk of this Court stating that plaintiff does not possess such information.

1. Within three (3) days of receiving a judgment terminating a land contract, plaintiff must prepare and file with the Clerk a forfeiture entry suitable for recording with the Cuyahoga County Recorder's Office. The entry must be in a form substantially similar to Form 6.024 of these Rules. The entry must contain the street address of the premises, the permanent parcel number, document identification of the filing of the land contract, and must indicate that the vendee's interest has been forfeited.
2. Upon the Court's issuance of a forfeiture entry, plaintiff shall obtain a certified copy of the entry from the Clerk and file it with the Cuyahoga County Recorder no later than fourteen (14) days after journalization. Failure to do so may result in citation of the party or counsel for contempt of court.

1. Except as provided in paragraph B and C below, service of process in eviction actions shall be made pursuant to the Ohio Rules of Civil Procedure and may be accomplished by mail, bailiff service or publication. The plaintiff shall file a written request for the method of service. Plaintiffs may retain, at their own costs, a process server to complete personal or residence service.
2. Pursuant to Civ.R. 1(C)(3), where mail service has been requested, the Clerk shall send service of summons to defendant(s) simultaneously by certified mail pursuant to Civ.R. 4.1 and by ordinary mail pursuant to Civ.R. 4.6. The eviction hearing shall go forward on the scheduled date of trial except where (i) the certified mail is returned undeliverable or (ii) the certified mail has not been endorsed and the ordinary mail has returned.
3. Service of process on a deceased resident of a manufactured home park shall be made pursuant to R.C.1923.06(F).

1. Where either certified or regular mail returns undeliverable (for example "undeliverable as addressed", "no such number", "moved left no address", "forwarding order expired", or "vacant"), plaintiff may not reissue service to the defendant at the failing address absent further verification of the accuracy of the address.
2. Where mail returns undeliverable as described above, plaintiff may proceed by (i) obtaining documentation from the Post Office indicating that the address is correct and then filing a motion (with the documentation attached) seeking reissuance of service documents at the address, (ii) requesting personal or residence service at the address via bailiff or duly appointed process server, or (iii) where the eviction address is incorrect, filing an amended complaint indicating corrected or new addresses (mailing and/or eviction) for defendant(s) and requesting issuance of service documents.
3. Where mail returns undeliverable as described above on a complaint for eviction joined with a claim for money damages and plaintiff wishes to proceed solely on the claim for money damages, then plaintiff may file an amended complaint seeking money damages only and stating a new address for defendant. Plaintiffs seeking money damages only must comply with the service requirements under Civ.R. 4 et seq.

Unless otherwise permitted by the Court, no plaintiff may file more than forty (40) eviction cases, including no more than five (5) cases based upon grounds other than non-payment of rent, to be heard on any given call.

1. The eviction shall be set for hearing at 9:00 a.m. twenty-one (21) days from the filing date, unless otherwise ordered by the Court.
2. If the twenty-first day from the filing date is a Court holiday, the eviction shall be set for hearing on the next business day, unless otherwise ordered by the Court.
3. Where any one plaintiff files ten (10) or more eviction cases on any one day, such cases will be scheduled for trial at 10:30 a.m. on the appropriate call day, unless otherwise ordered by the Court.

If the defendant files an answer, a motion or a jury demand in an eviction case and the filing causes a new hearing date to be set, the parties shall be notified of the new hearing date by ordinary mail, or by such other means as the Court determines are likely to result in adequate notice to the parties.

At trial on the eviction, the defendant may assert any defense to the eviction without having filed a written answer. If the complaint alleges a claim for money damages, any answer to the claim for money damages must comply with Civ.R. 7 through 15.

Certain defendants may be eligible for assistance through the Department of Aging, various veterans programs, or any other community based programs. The Court may refer tenants, potentially eligible for such assistance, to these programs.

When the action is based, in whole or in part, on non-payment of rent for residential premises, and during the hearing on the eviction there is evidence presented that the conditions of the premises are at issue or that the provisions of R.C. 3733 or R.C. 5321 may have been violated, the Court shall determine whether an action under R.C. 1923.061(B) is appropriate. If the action is to proceed under R.C. 1923.061(B), the eviction and money damages claims shall be tried together.

1. Where the Court grants a tenant leave to proceed under R.C. 1923.061(B), the Court shall make an initial order including, but not limited to the following:
   1. Defendant is to (a) file an answer and/or counterclaim and (b) deposit a stated sum under the case number with the Clerk by end of business on a date specific. The date specified shall be no more than ten (10) days after the initial hearing date. In the order, the Court shall state the amount of monthly rent and the months represented by the deposit amount.
   2. The matter shall be set for status hearing within three (3) days after the date for deposit.
   3. The Court shall request an inspection of the premises by the Division of Building and Housing.
2. In the event the defendant deposits as ordered, the matter shall proceed under R.C. 1923.061(B). The status hearing may be converted to a pretrial on all claims of the parties and the matter may be referred to ADR Services (mediation or settlement conference). The Court may order defendant to continue depositing rent monthly by a specified date during the pendency of the action. Should the defendant either fail to file a counterclaim or fail to deposit as ordered, the matter shall proceed to hearing on the eviction on the date of the status hearing.

1. When a defendant/tenant has asserted a counterclaim under R.C. 1923.061(B), the Court shall:
   1. Enter judgments on the plaintiff's claim for money damages and the defendant's claim for money damages;
   2. Where judgment is entered in favor of plaintiff on plaintiff's claim for money damages, of that judgment amount, state separately the amount attributable to plaintiff's claim for rent and the amount attributable to plaintiff's claim for damages;
   3. Based only on the amount of plaintiff's claim for rent and the defendant's claim for damages, determine to whom a net judgment is owed and the amount of that net judgment ("net judgment"); and
   4. Disburse the rent paid into Court by the defendant, if any, as follows: first, to the party to whom the net judgment is owed in an amount not to exceed the net judgment; secondly to the defendant.
2. If (i) the net judgment is in favor of plaintiff, and (ii) the defendant prevailed, in whole or in part, on the counterclaim, and (iii) the net judgment is not fully satisfied by the disbursement in A.4. above, then the defendant shall be entitled to pay the plaintiff within five (5) days from the journalization of the decision, by depositing the amount necessary to fully satisfy the net judgment with the Clerk under the case number.
3. If the net judgment is owed to the defendant or, after application of A.4. above, the net judgment is fully satisfied, then judgment shall be entered for the defendant in the eviction.

1. If judgment is for plaintiff on the eviction, unless otherwise ordered by the Court, the plaintiff may immediately purchase a writ of restitution and schedule a move-out with the Eviction Unit bailiffs.
2. Writs must be timely purchased. Timely purchase is determined according to the following:
   1. Within sixty (60) days of the date of the judgment.
   2. Where the judgment is more than sixty (60) days old, but less than one (1) year old, plaintiff must file a Motion for Leave to Purchase a Writ and serve a copy of the motion on the defendant(s). The Court may schedule a hearing on the motion or decide the motion on the filings of the parties. Upon the granting of the motion, plaintiff may purchase a writ and schedule a move-out.
   3. Plaintiffs may not purchase a writ, or schedule a move-out, on judgments granted more than one (1) year prior to the date of purchasing the writ.
3. Writs are issued by the Clerk’s office prior to the move-out. If a writ has not issued within forty-five (45) days of purchase, the Court may, in its discretion, require plaintiff to file a Motion for Leave to Purchase a Writ and serve a copy of the motion on the defendant(s). The Court may schedule a hearing on the motion or decide the motion on the filings of the parties. Upon the granting of the motion, plaintiff may purchase a writ and schedule a move-out.
4. Writs must be executed upon (i.e. the scheduled move-out must occur) within ten (10) days of issuance by the Clerk’s office. If a move-out is stayed or canceled, and more than ten (10) days pass between the date the writ issued and the new move-out date, the plaintiff must purchase a new writ, unless waived by the Court.
5. The Clerk shall maintain all writs of restitution for five (5) years from the date of execution.

1. In order to arrange for the physical removal of the defendant and their belongings, the following must occur:
   1. Plaintiff must purchase a writ of restitution from the Clerk;
   2. Plaintiff must present the receipt for the writ to the bailiffs in the Eviction Unit of the Court; and
   3. Upon presentation of the receipt, the bailiff shall schedule a move-out date, inform the plaintiff of the scheduled date and provide plaintiff with a list of insured and/or bonded movers and instructions for the move-out process.
2. To permit the City to guard against health and/or safety problems created by the placement of personal property on the tree lawn during move outs, the Bailiffs’ Department shall send to each Councilperson a list of the move outs scheduled in that Councilperson’s ward, one week before the move out, and, again, on the day of the scheduled move out.
3. Move-Outs
   1. Every move-out scheduled by the Court pursuant to a writ of restitution shall be supervised by one or more of the Housing Court bailiffs. The actual physical move-out of defendant’s belongings shall be conducted by insured or bonded movers hired by plaintiff.
   2. Plaintiffs scheduling move-outs must contract with an insured or bonded moving company for the physical removal of the defendant’s personal property from the subject premises. The moving company must be present at the premises at the time of the scheduled move-out.
   3. On the scheduled date and hour, the Housing Court bailiffs shall meet the plaintiff, or his/her agent, at the premises. The bailiffs shall enter the premises and remove all inhabitants not lawfully entitled to possession. The movers shall then conduct the actual physical move-out and place the defendant’s personal property on the tree lawn.
   4. To minimize the likelihood of the personal property being rummaged through or scattered on the tree lawn the movers shall place all loose items of personal property on the tree lawn in sealed, opaque bags or boxes.
   5. The plaintiff in an eviction action is subject to the requirements of the City’s Codified Ordinances, including CCO 209.01 which declares trash, junk, garbage and all other waste materials to be a nuisance on the property on which they are found. To that end, plaintiff may remove and dispose of items from the tree lawn not removed by the tenant three hours after completion of the court-supervised move out, or at 5:00 p.m. on the day of the move out, whichever is earlier. If plaintiff pays for removal of the items, plaintiff may plead these costs as damages in the money damages portion of the action.
   6. Should plaintiff fail to comply with the City’s Codified Ordinances regarding the prohibition of trash and other waste materials on the property and paragraph E, above, in addition to the remedies set forth in the City’s Codified Ordinances, the City may seek to recover the cost of any clean up from the plaintiff. If the City’s assessment of costs against the plaintiff becomes final, then the Court may require plaintiff to pay those costs prior to proceeding with any additional move outs. Should plaintiff fail to do so after being ordered by the Court, the Court may enforce that order through contempt proceedings, may require plaintiff to post a bond before proceeding with future move outs, or may impose such other sanctions as it deems appropriate.
4. Whenever operational needs permit, the bailiffs shall visit the premises on the day following the move out, to determine whether debris remains on the tree lawn. If it does, the bailiffs’ department may contact the plaintiff, the appropriate City department, or both, regarding the condition and clean-up of the tree lawn.
5. Move-out Contents – Volume, Hazardous Nature
   1. The Court recommends that plaintiffs inspect the premises prior to scheduling the move-out date. On the scheduled move-out date, if the HousingCourt Chief Bailiff, or Housing Court Chief Bailiff’s designee, determines that the volume or nature of the contents of the premises is such that removal of the contents to the tree lawn would create a health or safety hazard, the move-out may be canceled. Thereafter, plaintiff may be permitted to schedule a new move-out date in conjunction with a special waste collection, to be scheduled by the plaintiff. The costs of the special waste collection initially shall be paid by the plaintiff, who may plead such costs as damages in the money damages portion of the action.
   2. In addition, if prior to or on the scheduled move-out date, the Housing Court bailiff determines that the removal of the defendant’s personal property from the premises to the tree lawn could create a hazard due to an infestation of insects, vermin, etc., the move-out may be canceled, and the Court may request an assessment of the premises by the Health Department. If the Health Department determines that removal of the contents of the premises would create or exacerbate a health hazard, the Court may require the plaintiff to abate the hazard in a manner approved by the Court (e.g. through extermination by a licensed pest control service) prior to proceeding with the move-out. The cost of the pest control service initially shall be paid by the plaintiff, who may plead such costs as damages in the money damages portion of the action.
   3. Some move-outs, whether commercial or residential, present unique circumstances that make it impossible, impractical, or hazardous to conduct the move-out in the manner described in 6(R), above. Unique circumstances may include, but are not limited to, occupants of the premises diagnosed with, or having been in close contact with a person(s) diagnosed with an infectious contagious disease. In those cases in which the move-out presents unique circumstances, the Housing Court Chief Bailiff, or Housing Court Chief Bailiff’s designee, shall have authority to determine the most appropriate means of executing on the writ of possession and restoring possession of the premises to the plaintiff. This determination may be made prior to, on the date of, or during any move-out. The means of move-out may include, but are not limited to, physical removal of the contents to the tree lawn, physical removal of the contents to a dumpster or other container obtained by plaintiff (at plaintiff’s cost and expense),changing of the locks without removal of the contents, placement of the contents into storage, rescheduling the move out, or any other means deemed necessary in the discretion of the Housing Court Chief Bailiff to restore the premises to the plaintiff.
   4. Should the Housing Court Chief Bailiff, or Housing Court Chief Bailiff’s designee, determine that the circumstances of the move-out require the placement of the defendant’s possessions into storage, the moving company must place those goods into storage in the name of the defendant, with the plaintiff paying for the cost of the movers’ labor and for moving the property into storage for thirty (30) days. Items may be placed into a storage facility owned by the mover, or by another entity. However, when using storage facilities owned by someone other than the mover, then neither the name of the plaintiff nor the mover may be submitted by the plaintiff or the mover as a co-owner of the property.
   5. Should the defendant’s personal property be placed into storage and not retrieved by the defendant, that personal property shall be disposed of in accordance with the provisions of the Ohio Revised Code, including R.C. Chapter 1307 (Warehouse Receipts, Bills of Lading and other Documents of Title) and Chapter 5322 (Storage Facilities). This Rule shall apply whether the storage facility is an independent storage facility or one owned by the mover.
6. Movers' Qualifications
   1. Movers performing court-supervised move-outs shall maintain liability insurance or a bond to protect the public against loss sustained by reason of the death of or bodily injuries to persons and for loss or damage to property (except cargo) resulting from the negligence of the mover. The liability insurance shall be in the following minimum amounts: One Hundred Thousand Dollars ($100,000) for bodily injuries to or death of one person; Three Hundred Thousand Dollars ($300,000) for bodily injuries to or death of all persons injured or killed in any one accident; and Fifty Thousand Dollars ($50,000) for loss or damage in any one accident to property of others (excluding cargo). Additionally, movers shall maintain freight cargo liability insurance for the transportation of household goods in the amount of Twenty Thousand Dollars ($20,000). The insurance policy or bond must include provisions requiring the insurance or bond agents or companies to immediately notify the Housing Division’s Chief Bailiff in the event the insurance coverage or bond expires, is limited, revoked or canceled.
   2. Movers must be properly registered or licensed with the Ohio Secretary of State, if required by law. This includes a domestic or foreign business entity, such as a corporation, nonprofit corporation, professional corporation, limited liability company, limited partnership, limited liability partnership, or fictitious entity(including "doing business as" names). A mover who loses its good standing, active registration, or active license or experiences another change in status with the Ohio Secretary of State, must immediately notify the Housing Division's Chief Bailiff of the change in status.
   3. Failure to comply with this Rule may result in the removal of the mover’s name from the list.
7. List of Movers
   1. The Court shall maintain a list of movers who have met the qualifications as indicated in Rule 6(R)(5) and have timely applied for inclusion in the list. The list shall be available to plaintiffs scheduling move-out dates. The plaintiff shall not be required to use a mover from the list, but any mover hired by the plaintiff to perform a court ordered move-out must meet the qualifications listed in Rule 6(R)(5).
   2. The Court shall update its list of movers annually. By October 1st of each year, the Court shall post notice that movers’ applications are being accepted for inclusion in the annual list. This notice shall be posted outside the courtroom where eviction trials are heard and advertised in the Daily Legal News. Movers interested in being added to the list shall submit a completed application form, along with a copy of proof of insurance or bond coverage and a copy of good standing, active registration or active license with the Ohio Secretary of State consistent with the above requirements, to the Housing Division’s Chief Bailiff by November 15th of each year.
   3. Movers meeting the above qualifications shall be notified by December 15th of each year that they will be included in the list. Upon notice of inclusion and prior to December 31st of that year, the mover must submit a revised copy of their insurance or bond coverage, containing a provision requiring the insurance or bond agent or company to immediately notify the Housing Division’s Chief Bailiff in the event that the insurance policy or bond coverage expires or is limited, revoked or canceled.
   4. On January 1st of each year, the Court shall make available to the Housing Court bailiffs and the public its list of movers who have met the above requirements.
8. Conduct of Movers/Penalties
   1. A movers’ inclusion on the annual list is a courtesy and a privilege extended by the Housing Court. The mover’s status may be revoked or terminated if it comes to the Court’s attention that the party or the mover has abused his/her position, falsified any documents or given false testimony, failed to maintain his/her required insurance policy or bond coverage, failed to maintain good standing, registration or license with the Secretary of State, or failed to abide by these Rules, this Court’s guidelines for movers, or any other rule or directive of the Court. These issues may be raised on the Court’s own motion or upon motion of a party.
   2. Movers participating in court-ordered move-outs must conduct themselves in a professional manner, and comply with all court orders and the directives of the Housing Court’s bailiffs. Movers may not remove or take away any of the defendant’s personal property from the tree lawn or the premises, even after the move-out is completed.
   3. If the Housing Court receives credible evidence that a mover has abused his/her position, falsified any documents or given false testimony, failed to maintain his/her required insurance policy or bond coverage, failed to maintain good standing, registration or license with the Secretary of State, or failed to abide by these Rules, this Court’s guidelines for movers, or any other rule or directive of the Court, then that mover will be stricken from the current annual list and barred from inclusion on the list and participation in court-ordered move-outs for the subsequent year.
   4. If the Court determines that a mover has violated these Rules or the Court’s policies and procedures more than once, the Court may permanently remove the mover’s name from the list and prohibit its further participation in court-ordered move outs.

1. If judgment is for the plaintiff in an eviction action involving a manufactured home, mobile home or recreational vehicle (“home or vehicle”), the plaintiff in the request for writ must identify whether plaintiff seeks a writ of restitution under R.C. 1923.13(A) or a writ of execution under R.C. 1923.13(B).
2. Except as provided in paragraph C below, writs in manufactured home evictions shall be subject to the timeliness requirements set forth in Local Rule 6(Q).
3. When a deceased resident or resident’s estate has been evicted from the manufactured home park, plaintiff may not purchase a writ or schedule a move-out on judgments granted more than 90 days prior to the date of purchasing the writ.
4. Redemption of Home or Vehicle Prior to Issuance of Writ
   1. At any time prior to the issuance of the writ of execution, the titled owner of the home or vehicle may file a motion with the Court seeking an order allowing for the removal of the home or vehicle from the manufactured home park.
   2. The titled owner shall attach to the motion evidence that all of the following have been paid:
      1. All outstanding tax liens on the home or vehicle; and
      2. All court cost assessed against the defendant in the underlying action, unless the owner is indigent.
5. If it is determined that the titled owner paid, or caused to be paid, the items listed in subsection B of this Rule, the Court may issue an order allowing the titled owner to remove the home or vehicle from the manufactured home park.
6. Procedure for Writs Issued Under R.C. 1923.13(B)
   1. Prior to filing the request for writ under R.C. 1923.13(B), the plaintiff shall conduct, or cause to be conducted, a search of the public records that relate to the home or vehicle, and make, or cause to be made, reasonably diligent inquiries, for the purpose of identifying any persons who have an outstanding right, title, or interest in the home or vehicle.
   2. Request For Writ
      1. If plaintiff seeks a writ pursuant to R.C. 1923.13(B), plaintiff must file a request for a writ of execution with the Cleveland Municipal Clerk of Court. The request shall be in the form of a motion.
      2. Plaintiff shall attach to its request for writ of execution a copy of the statutory written notice to remove the home or vehicle it provided to the defendant.
      3. If the public records search described in 6(a) revealed any person(s) with an outstanding right, title or interest in the home or vehicle, plaintiff shall attach to its request for writ of execution a copy of the statutory written notice it provided to the person(s) and the date it was provided.
7. Request for Writ Deceased Resident
   1. If plaintiff seeks a writ of execution pursuant to R.C. 1923.12(E)(3),plaintiff shall indicate in its request for writ that administration, with respect to the resident’s estate, has not been granted by the probate court within 90 days of the date of the eviction of the resident from the manufactured home park pursuant to a judgment entered under section R.C. 1923.09 or R.C. 1923.11.
   2. Prior to filing the request for writ under R.C.1923.12(E)(3), the plaintiff shall conduct, or cause to be conducted a search of the public records that relate to the home or vehicle, and make or cause to be made, reasonably diligent inquiries, for the purpose of identifying any person who has an outstanding right, title or interest in the home or vehicle.
   3. If the public records search revealed any person(s) with an outstanding right, title or interest in the home or vehicle, plaintiff shall attach to its request for writ of execution a copy of the statutory written notice it provided to the person, and the date it was provided.
   4. If the search or inquiries reveal no person who has an outstanding right, title or interest in the home or vehicle, the park operator shall publish notice of the petition for writ of execution in a newspaper of general circulation in the county where the home or vehicle has been abandoned pursuant to R.C.1923.12(E)(3)(b).
   5. Plaintiff shall attach to its request for writ of execution written certification by the newspaper of the dates of the publication and an affidavit signed by the park operator attesting to the publication.
8. Move Outs
   1. From the time of the entry of judgment for the plaintiff on the eviction, until issuance of the writ of execution, plaintiff shall allow defendant access to the home or vehicle at reasonable times to retrieve defendant’s personal property and vehicles (i.e. automobiles, vans, etc.) from the manufactured home park.
   2. Upon issuance of the writ of execution, the Chief Bailiff or his designee may cause the home or vehicle and all personal property of the defendant to be retained at its current location, until it is claimed by defendant or disposed of in a manner authorized by R.C. 1923.14(B)(3) or (4).
9. Redemption of Home or Vehicle After Issuance of Writ
   1. At any time after the issuance of the writ of execution, the titled owner of the home or vehicle may file a motion with the Court seeking an order allowing for the removal of the home or vehicle from the manufactured home park or other place of storage up to the day before the scheduled sale, destruction, or transfer of the home or vehicle.
   2. The titled owner must attach to the motion evidence that all of the following have been paid:
      1. All costs incurred by the bailiff;
      2. All outstanding tax liens on the home or vehicle; and
      3. Unless the owner is indigent, all unpaid court costs assessed against the defendant in the underlying action.
   3. If it is determined that the titled owner has paid all items listed in B, the Court may issue an order permitting the removal of the home or vehicle from the manufactured home.
10. Redemption of Personal Property
    1. At any time prior to the day before sale of the property, the defendant may remove any personal property of the defendant from the abandoned home or vehicle or other place of storage.
    2. If the personal property is owned by a person other than defendant, the owner of the personal property may remove the personal property from the abandoned home or vehicle or other place of storage up to the day before sale of the property upon presentation of proof of ownership of the property that is satisfactory to the bailiff conducting the sale.
11. Sale of Manufactured Home or Vehicle or Personal Property
    1. Sale of the home, vehicle or personal property shall be conducted in accordance with these Rules and R.C. Chapter 2329.
    2. Commencement of Sale. As soon as practicable but no later than sixty (60) days after receiving a writ of execution, the bailiff shall commence proceedings for the sale of the home or vehicle that is the subject of the writ and abandoned personal property in accordance with the procedures for the sale of goods on execution under R.C. Chapter 2329.
    3. At any time after the issuance of the writ of execution, the holder of any outstanding lien, right, or interest in the home or vehicle, other than the titled owner may stop the bailiff from proceeding with the sale by doing both of the following:
       1. Commence a proceeding to repossess the home or vehicle pursuant to R.C. Chapters 1309 and 1317; and
       2. Pay to the park operator all monthly rental payments for the lot on which the home or vehicle is located from the time of issuance of the writ of execution until the time that the home or vehicle is sold pursuant to R.C. Chapters 1309 and 1317.
    4. Appraisal. Prior to sale, plaintiff shall file an affidavit signed by the county auditor stating the value of the home or vehicle, which shall be deemed the park operator’s sworn testimony pursuant to R.C.1923.13(B)(1)(b).
    5. Value of Home or Vehicle $3,000 or Less. Within thirty (30) days after receiving a writ of execution if the home or vehicle is determined to be abandoned, and the value of the home or vehicle is Three Thousand Dollars ($3000) or less, the bailiff shall present the writ of execution to the Clerk, for the issuance by the Clerk, of a Certificate of Title transferring the title of the home or vehicle to the plaintiff, free and clear of all security interests, liens, and encumbrances.
    6. Notice of Sale.
       1. The Housing Court bailiffs shall serve upon all persons who are listed on the writ of execution as having any outstanding right, title, or interest in the home or vehicle and personal property at their respective last known address, and to the Auditor and Treasurer of Cuyahoga County, a written notice of the date, time, and place of the sale.
       2. In addition to written notice, the bailiff shall give public notice of the date, time and place of sale for at least ten (10) days before the day of sale in a newspaper of general circulation within Cuyahoga County.
    7. Conduct of Sale. The sale shall be at public auction, unless the Court, for good cause shown, on application of either party and after notice to the opposing party, makes an order directing the Housing Court bailiffs to sell the home or vehicle at private sale.
    8. Return of Writ of Execution. Upon completion of the sale of the home or vehicle as described above, the bailiff shall return the writ to the Court. The return shall contain the date of sale, the conditions of sale (e.g. public or private), the sale price, and the name and address of the purchaser.
    9. Transfer of Certificate of Title. Upon the return of the writ of execution, if the Court finds that the sale was made in conformity with R.C. Chapters 1923, the Court shall issue an order directing the Clerk to make an entry on the journal that the Court is satisfied with the legality of the sale and to issue a certificate of title, free and clear of all security interests, liens, and encumbrances, to the purchaser of the home or vehicle.
    10. Failure of Sale Due to Want of Bidders
        1. If the home or vehicle cannot be sold due to want of bidders after being offered for sale on two (2) occasions, the bailiff shall present the writ of execution unsatisfied to the Clerk for issuance by the Clerk of a certificate of title transferring the title of the home or vehicle to plaintiff, free and clear of all security interests, liens, and encumbrances.
        2. If the abandoned personal property cannot be sold due to want of bidders after being offered for sale on one (1) occasion, the bailiff shall file a communication with the Court stating such, and the Court shall issue an Order regarding the disposition of the abandoned personal property.
    11. Distribution of Proceeds of Sale. The Housing Court Chief Bailiff shall distribute the proceeds from the sale of the home or vehicle in the order of priority set forth in R.C. 1923.14(B)(3).
        1. The Housing Court Chief Bailiff shall distribute the proceeds of the sale within thirty (30) days after completion of the sale unless, upon motion and for good cause shown, the period is extended by the Court.
        2. After distributing the proceeds of the sale the Housing Court Chief Bailiff shall report any remaining money as unclaimed funds pursuant to R.C.169.

1. Upon the filing of an eviction action, the Clerk shall schedule a default hearing on the claim for money damages (also known as the "Second Cause"), if applicable.
2. The default hearing shall be set for twenty-eight (28) days from the date of the eviction hearing, except as provided in B, below.
3. In cases where the Cleveland Metropolitan Housing Authority is plaintiff, the default hearing shall be set for eight (8) weeks from the date of the eviction hearing.
4. Notice to Defendant. If the defendant appears at the eviction hearing, the defendant will be notified in court of the default hearing date on the claim for money damages.
5. Answer, Appearance of Defendant. If the defendant files an answer, or other responsive pleading, to the complaint, the case shall be taken off the money damages default docket and set for a pretrial. If the defendant appears at the money damages default hearing to contest the claim for money damages, for good cause shown, the Court may grant the defendant leave to plead and set the matter for a pretrial.
6. Default Judgments. No judgment shall be entered in default cases except upon sworn testimony, given before the Court, by a witness with first hand personal knowledge. In addition, such judgment shall not exceed in amount, the amount as stated in the prayer. See Civ.R. 54(C).

1. The Court may order the Clerk to seal an eviction record when the interests of justice in sealing the record outweigh the interests of the government and the public in maintaining a public record of the case, including, for example, in the following circumstances:
   1. The court dismissed or entered judgment for the tenant/movant on the claim for eviction;
   2. The landlord dismissed the claim for eviction before adjudication of that claim;
   3. The landlord stipulates, in writing to the Court, to sealing the record, except that sealing of a record solely on the basis of the stipulation by the landlord shall be granted only once in any five-year period ; or
   4. The landlord prevailed on the merits on the claim for eviction, and all of the following occurred:
      1. extenuating circumstances led to the eviction; and
      2. at least five years have passed since judgment was entered for the landlord; and
      3. at least five years have passed since the tenant has had an adverse judgment granting an eviction in any jurisdiction.
2. Application to have an eviction record sealed must be made by motion. The following conditions apply:
   1. The party seeking to have the record sealed must file a written motion, even if the landlord agrees to the sealing in a settlement agreement or agreed judgment entry. The motion must be accompanied by an affidavit attesting to all relevant facts and a copy of the case docket, and where appropriate, a copy of any settlement or agreed judgment signed by the parties;
   2. The moving party must serve that motion upon the opposing party in the at that party’s last known address, and endorse proof of service on the motion;
   3. The opposing party may file a response within the time specified by the Housing Div. Loc. R. 3(G)(4), supra;
   4. Either party may request an oral hearing on the motion; and
   5. The Court, in its discretion, may order service of the motion or the notice of hearing upon the opposing party by certified mail.
3. The Court may consider all relevant factors when examining a Motion to Seal Eviction Record, which may include, but are not limited to:
   1. The disposition of the eviction claim;
   2. Whether the sealing of the record is agreed to or disputed by the opposing party;
   3. If the landlord received judgment on the eviction, the grounds upon which the judgment was granted;
   4. Whether the movant has satisfied any money judgment issued in favor of the opposing party in the eviction case; and
   5. Any other information relevant to the determination of whether justice requires the sealing of the record.
4. If the Court grants a Motion to Seal Eviction Record, the Clerk shall forthwith cause the Tenant’s name to be redacted from all public records it maintains, including the electronic case index system, to the same extent that it would for a criminal sealing of records (formerly known as expungement). The Clerk shall retain both the electronic record of the action, and the physical file, should one exist, in accordance with its record retention policy. The Clerk shall ensure that the record of the case can be retrieved and unsealed, if ordered.
5. Sealing the record of an eviction does not authorize a tenant or former tenant to make a false statement regarding the filing or granting of the eviction.
6. Sealing the record restricts public access to the case record; it does not remove the record from the Court’s electronic or paper docket. Access to the sealed record shall be limited to the Clerk of Court, the Clerk’s designee, the Housing Court Judge, and the Judge’s designee. A party to the original action may file a motion requesting access to the record or case file. The Court may provide access to the record as required by law enforcement officials or others conducting official government business.
7. A party to the original action may file a motion seeking to unseal the eviction record, setting forth in the motion and attached affidavit or brief, good cause why the record should be unsealed. Such good cause may include, for example, that the original movant was not truthful in the motion to seal or that the sealing was procured through fraud. For good cause, the Court may unseal a record on its own motion, after notice to the parties to the case.

1. All rent deposits made with the Clerk pursuant to R.C. Chapter 1923 and/or R.C. 5321 shall be in cash, or by certified check or money order, made payable to the Clerk. The Clerk shall perform the ministerial function of accepting all rent that is tendered for deposit. The tenant shall be given a receipt for the deposit. No affidavit shall be required for the depositing of rent. If the tenant has questions about rent deposit procedures, the tenant should be referred to a housing court specialist.
2. All tenants depositing rent with the Clerk shall be required to provide the Clerk with the tenant's name and address, as well as the name and address of the landlord/owner, if known. If the landlord/owner has failed to disclose his/her name to the tenant as required by R.C. 5321.18, the tenant's failure to provide the landlord or owner's name shall not be a bar to a rent deposit.

1. All rent deposits shall be referred to Alternative Dispute Resolution Services (mediation or settlement conference) for the purpose of providing the landlord and tenant an opportunity to resolve the dispute.
2. Rent deposit ADR mediations or conferences are to be scheduled within fourteen (14) days after the tenant initially deposits rent. When the tenant deposits rent with the Clerk, the date, time and place where the conference will be held will be assigned. The Clerk will notify the landlord and tenant promptly of the scheduled conference. The Court, in its own discretion, may schedule additional conferences during the pendency of the rent deposit action.
3. The Clerk will send the rent deposit file to the ADR coordinator at least one (1) day prior to the hearing.
4. The ADR conference manager shall be a person assigned by the Housing Court to act as a neutral third party. The conference manager will not make findings of fact or judge the validity of the rent deposit. Information obtained by the conference manager solely from disclosures made during the conference shall not be considered by the Court in any subsequent action involving the same subject matter, transaction or occurrence as that involved in the ADR mediation conference. Either party, at any time prior to agreeing to a settlement, may withdraw from the conference without affecting his or her rights under law.
5. If the parties come to an agreement, the conference manager will assist in drafting the agreement, which may include release of rent to either or both parties or such other disposition of the funds on deposit as provided by R.C. 5321.07.

1. When a tenant deposits rent with the Clerk, the Clerk shall inform the tenant of the availability of rent depositing by U.S. mail. The Clerk shall also inform the tenant, orally and in writing of the following:
   1. That the tenant should leave a forwarding address with the Clerk upon vacating the premises upon which the tenant has been paying rent to the Clerk;
   2. That if the tenant fails to give the Clerk a forwarding address, the tenant may jeopardize his or her rights in connection with the rent on deposit; and
   3. That an ADR mediation conference is scheduled in every rent deposit action and the tenant shall be given notice of the scheduled conference date by the Clerk at the time of the initial deposit of rent.

Tenants must initiate a rent deposit action by depositing their rent in person with the Clerk during regular business hours. After the initial deposit is made, and the rent deposit account is established, a tenant may make successive rent deposits with the Clerk in person during regular business hours or by regular U.S. mail. A tenant who deposits rent by mail shall be sent a receipt by the Clerk. The Clerk shall provide any tenant who inquiries about rent depositing the address to which deposits may be mailed. The tenant's rent shall be deemed deposited with the Court on the date of its posting by the Clerk (deposits usually will be posted within 24 hours of receipt). A tenant who deposits rent by mail must allow sufficient time for mailing and posting of the deposit by the Clerk. The Clerk shall retain the envelope in which the deposit has been mailed in the rent deposit file. The Court recommends that the tenant send his/her rent deposit by registered or certified mail.

To receive rent paid to the Clerk under R.C. 5321.07, the landlord must (i) file an Application for Release of Rent pursuant to R.C. 5321.09(A)(2) or (3) or (ii) obtain the tenant's written consent as indicated in R.C. 5321.09(A)(1) or a similar mediated agreement. Release of rent may also occur pursuant to the Court’s order after determination of other claims of the parties to the rent deposit.

Where a tenant signs a Tenant's Release Letter in person before the Deputy Clerk, certifying that the conditions about which the tenant complained have been corrected, the Clerk shall ask for identification (e.g. a driver's license) to assure that the signatory is the correct party. Where a release letter is not signed in person, the signature must be properly notarized. Each release letter shall be sent to the Housing Court Judge, with an Order for Release of Rent Deposit attached to it. Once the Judge signs the Order for Release of Rent Deposit, the money shall be sent to the landlord.

A rent deposit account initiated by a tenant shall be deemed "inactive" if and when there is no action on the account for a period of three (3) months. Such action includes a deposit of rent, filing of an application for release of rent, filing of a motion to compel repairs, or other pleadings by the tenant or landlord. If a tenant whose rent deposit account has become inactive wants to begin depositing rent again with the Court, the tenant will be required to provide the Clerk with his or her name and address, as well as the name and address of their landlord, if known, and a new rent deposit account will be started by the Clerk. Inactive status will not result in the automatic release of the rent on deposit. See Rule 8.08.

Applications for Release of Rent may be made pursuant to R.C. 5321.09(A) or R.C. 5321.10.

Applications shall be made in writing, similar to or on such forms as may be prescribed by the Court, and shall be filed with the Clerk. Applications may be written in a concise, non-technical form, provided they set forth the alleged facts with sufficient particularity and comprehensiveness to enable a lay tenant/respondent to understand the reasons for the action. If requested by the landlord/petitioner, a housing court specialist shall provide assistance in completing the application.

The Application for Release of Rent shall be served upon the tenant/respondent and shall be treated as a complaint.  Service of the summons and application shall be made in conformity with the Ohio Rules of Civil Procedure regarding complaints, except when expressly modified by these Rules.

1. Tenant/Respondents in actions commenced under R.C. 5321.09(B) may assert any defenses as allowed under the Ohio Rules of Civil Procedure. Tenant/Respondents in such actions may also assert any defenses at trial, notwithstanding the absence of a written answer.
2. A tenant/respondent may file a counterclaim regardless of whether the tenant/respondent files a written answer, but the counterclaim must be filed in writing pursuant to the Ohio Rules of Civil Procedure, unless otherwise ordered by the Court. Counterclaims may not be filed on the day of trial. The tenant/respondent shall serve a copy of the counterclaim upon the landlord/petitioner in accordance with the Ohio Rules of Civil Procedure

1. Each Application for Release of Rent shall be scheduled for pretrial within twenty-one (21) days from the filing date or as otherwise ordered by the Court. Trial on an Application for Release of Rent shall be completed within sixty (60) days from the filing date, unless otherwise ordered by the Court for good cause shown. Prior to the date scheduled for trial, the Court may schedule one or more opportunities for the parties to resolve their dispute through Alternative Dispute Resolution Services (mediation or settlement conference).
2. If either the petitioner or the respondent fails to appear at the time scheduled for trial, the claim or answer of the party appearing at trial may be deemed admitted. After examining the party appearing under oath concerning the claim or answer, and if the facts and law so require, the Court shall enter an order of judgment in accordance with this Rule for the party appearing. If neither the petitioner nor the respondent appears at the time scheduled for trial, the Court shall dismiss the claim without prejudice.

1. A housing court specialist may assist landlords or tenants who seek temporary restraining orders (“TRO’s”) in the procedural process of filling out the proper forms and filing the pleadings with the Court.
2. Prior to granting a TRO, the Court may order a housing inspector or court employee to inspect the premises. The person performing this inspection shall be present for any hearing on the motion.
3. Service of the complaint, motion for TRO, and the TRO (if granted), shall be made upon the defendant in a manner to be determined by the Court, and the manner of service shall be included in the order.
4. Where an order has been issued and served pursuant to this Rule, and the party against whom the order issued has not complied with the order, then the party who obtained the order may file a Statement of Failure to Obey Court Order form or similar notice. A show cause hearing shall be scheduled by the Court. Notice of the show cause hearing shall be served upon the failing party in a manner to be determined by the Court.
5. Prior to the show cause hearing, the Court may order a housing inspector or court employee to inspect the premises to determine compliance or noncompliance with the Court order. The person performing this inspection shall be present for the show cause hearing.

At the time of the ruling on the motion for the TRO, the Court shall schedule a hearing on the request for a preliminary or permanent injunction and claim for money damages, if any.

The Clerk shall assign all foreclosures of real property filed in the Cleveland Municipal Court to the Housing Division.

1. Concurrent with the filing of the complaint in foreclosure, plaintiff shall submit a completed Case Designation Sheet as in all other civil cases.
2. Plaintiffs are not required to submit a Case Designation Sheet upon the filing of a complaint amended or supplemented to include a cause of action in foreclosure.

1. Within these local rules, and except as otherwise noted, the term “complaint in foreclosure” refers to both an original action in foreclosure, as well as a complaint amended or supplemented to include a cause of action in foreclosure.
2. Complaints in foreclosure, including cross-claims, counterclaims and complaints amended or supplemented to include a cause of action in foreclosure, must include legible copies of any note, mortgage, lien, or assignment thereof that is the basis of the action.
3. In a foreclosure based upon receiver’s liens granted under R.C. 3767.41, the party seeking foreclosure shall include a certified copy of the receiver’s lien as filed with the Recorder’s Office with the pleading stating the claim for foreclosure.

1. Concurrent with the filing of a claim in foreclosure, the party seeking foreclosure shall file a completed Property Status Report on a form prescribed by the Court. The Property Status Report Form may be obtained on the Thirteenth Floor of the Justice Center or from the Housing Court internet website at http://www.clevelandhousingcourt.org. See Form 12.031 of these rules.
2. Failure to file a completed Property Status Report Form concurrent with the filing of the claim for foreclosure shall be grounds for dismissal of the claim without prejudice.
3. The Clerk shall docket the filing of the Property Status Report.
4. Parties filing claims amended or supplemented to include a cause of action in foreclosure shall file, concurrent with the amended or supplemental complaint, an updated Property Status Report, in accordance with this Rule.

1. Concurrent with the filing of the complaint, the party seeking foreclosure shall file an original Preliminary Judicial Report (“PJR”), as evidence of the state of record title of the property.
2. The PJR shall be prepared by a title company or its agent and shall guarantee an amount not less than the unpaid principal balance due on the first lien or such additional amount as may be allowed by the Court for each property involved. A photocopy of the original PJR, certified by the title company, may be filed with the Clerk in lieu of the original. The PJR shall become and remain a part of the court file in the action.
3. If the party seeking foreclosure fails to comply with this requirement at the time of filing the clam for foreclosure, any other interested party, upon notice to the party seeking foreclosure, may procure the PJR and file it in the case. Where the PJR indicates that necessary parties have not been made defendants, the party seeking foreclosure or the party filing the PJR shall proceed without delay to cause such new parties to be properly joined and served.
4. Parties filing complaints amended or supplemented to include a cause of action in foreclosure shall file, concurrent with the amended or supplemental complaint, a Supplemental Judicial Report (see Local Rule 12.07).

1. No later than thirty (30) days after service of summons upon the record title holder, the party seeking foreclosure must prepare and file with the Cuyahoga County Recorder’s office (“Recorder”) a Notice of Lis Pendens (“Notice”). The Notice shall be labeled as a “Notice of Lis Pendens” and contain the following information: property address, legal description of the property, permanent parcel number, case caption and number of the Housing Court case. A copy of the Preliminary Judicial Report must be attached to the Notice as filed. A Notice of Lis Pendens Form may be obtained on the Thirteenth Floor of the Justice Center or from the Housing Court’s internet website at http://www.clevelandhousingcourt.org. See Form 12.04(A) of these rules.
2. Within seven (7) days of filing with the Recorder’s office, the party seeking foreclosure shall file a copy of the recorded Notice with the Clerk of this Court. Failure to file a Notice of Lis Pendens in compliance with this Rule shall be grounds for dismissal without prejudice.
3. Party seeking foreclosure shall record a Release of Lis Pendens ("Release") with the Recorder within fourteen (14) days of the following: (i) a voluntary dismissal, (ii) the last day for appeal of an unappealed final judgment, from this Court or any reviewing court, or (iii) at such time as is ordered by this Court or a reviewing appellate court. See Form 12.04(C) of these rules.
4. Within seven (7) days of the recording of the Release with the Recorder, the plaintiff shall file a copy of the recorded Release with the Clerk of this Court. Failure to file a copy of the Release in compliance with this Rule may be grounds for sanctions.
5. Plaintiffs filing complaints amended or supplemented to include a cause of action in foreclosure are not required to file a new Notice, provided that a Notice of Lis Pendens was filed properly in the original action, and the case number and caption of the original action remain the same as in the amended or supplemental complaint.

Pursuant to Civ.R. 53(C), the Court may refer any foreclosure to a Housing Division magistrate for adjudication of the action or any claims, motions, or matters therein.

1. Housing Court Specialists. Upon the filing of a foreclosure, a housing court specialist may be assigned to individual cases. Housing court specialists provide expert assistance in the context of repairs and maintenance, and may provide information to the parties and tenants about the foreclosure process and available options, and provide status and progress reports to the Court. Housing court specialists may attend Orientation and Work-out Conferences.
2. Orientation. The Court shall hold Orientation sessions, at regularly scheduled intervals, to educate litigants about the foreclosure process, and to provide information specific to foreclosures filed in the Housing Court.
3. Work-out Conferences. Immediately following each Orientation session, the Court will provide space for the parties to participate in a work-out conference. In an effort to provide an atmosphere conducive to meaningful settlement negotiations, plaintiff is required to have a representative present (in addition to counsel for plaintiff) from its financial institution or other organization with settlement authority.
4. Upon service being perfected in a foreclosure action, the Court may issue to the plaintiff and all defendants an initial case management order. The parties shall adhere to this case management schedule unless otherwise ordered by the Court.
5. The case management order may include:
   1. Date for disclosure of witnesses;
   2. Initial status / pretrial conference date;
   3. Dispositive motions cut off date;
   4. Discovery cut off date;
   5. Case management conference date;
   6. Final pretrial conference date; and
   7. Trial date.
6. The Court, in its discretion, may modify the case management schedule as needed.

1. Supplemental Judicial Reports. A Supplemental Judicial Report may be filed by the party seeking foreclosure, or ordered by the Court either sua sponte on its own motion or in response to a request by a party.
2. Final Judicial Reports. The party seeking foreclosure, or any other party ordered by the Court, shall file a Final Judicial Report before the Decree of Foreclosure is issued. The report shall include a copy of the Court’s docket as evidence of the method of service on each of the necessary parties and shall include a statement indicating whether any additional liens or mortgages have been filed since the date of any previous Judicial Reports.

Cost for the title work required under this Rule shall include a base search fee not to exceed Three Hundred Fifty Dollars ($350), plus a premium on the Judicial Report issued, based on an amount not less that than the unpaid principal balance due on the first lien on the property or such additional amount as may be allowed by the Court. The cost of the title work shall be taxed as part of the costs in the action.

The Cuyahoga County Treasurer (“Treasurer”) shall be named a defendant, but need not answer or otherwise appear or respond to the summons. The Court shall serve the Treasurer with a copy of the Confirmation of Sale or other dispositive order of the Court.

1. In the event that a party files an answer, counterclaim, or cross-claim contesting existence, priority, validity or amount of a lien, or any other substantive issue, the Court shall consider the action contested and schedule a pretrial, mediation or settlement conference.
2. The Judge, a magistrate, a staff attorney, or an alternative dispute resolution specialist may conduct the conference. The conference shall be conducted in person, unless otherwise permitted by the Court. In an effort to provide an atmosphere conducive to meaningful settlement negotiations, plaintiff is required to have a representative present (in addition to counsel for plaintiff) from its financial institution or other organization with settlement authority.

1. After the service of summons on all parties, any party may file a dispositive motion which shall include a proposed Judgment Entry ruling on the motion.
2. If a dispositive motion is granted, the moving party shall file a Supplemental or Final Judicial Report with a proposed Judgment Entry or Decree of Foreclosure, if applicable, within thirty (30) days of journalization of the order granting the motion.

If the property owner files a petition under the United States Bankruptcy Code, the case shall be stayed pending evidence from the Bankruptcy Court of relief from the automatic stay. Any party to the case may file a Notice of Bankruptcy. Upon the filing of a Notice of Relief from Automatic Stay or other proper motion the Court may return the case to its active docket.

The Court may appoint a judicial clerk, staff attorney, or housing court specialist to provide information to the property owner(s) regarding the Court’s foreclosure process. The Court may schedule one or more opportunities for the parties to meet with the appointed Housing Court staff member to discuss options and alternatives to foreclosure that may be available in the case.

In order to educate the tenants in residential property about their rights and responsibilities during the pendency of a foreclosure action, the Court may send, or require the plaintiff to send, information in a form prescribed by the Court to tenants residing in a subject property. Tenants are permitted to attend the Orientation sessions given by the Court.

1. A tenant residing at a subject property may file a Communication with the Court.
2. The Court shall review the Communication and shall take such action in response as it deems appropriate, including ordering an inspection by the City of Cleveland, conducting a site visit, ordering a conference with the parties, ordering the plaintiff to secure or repair the property, ordering the tenant to deposit rents with the Clerk of this Court, and/or commencing proceedings for the appointment of a receiver.

1. Any party may file a motion for appointment of receiver, or the Court may initiate such proceedings on its own motion.
2. Upon the filing of a motion for appointment of receiver in a foreclosure case, or notice by the Court of its intention to appoint a receiver, notice of a hearing shall be served on all interested parties by regular U.S. Mail. Notice shall be served at least three (3) days before the date of the hearing. Should the motion for appointment of receiver be filed concurrently with the complaint, the Court may instruct the Clerk to serve the notice of hearing with the summons and complaint.
3. Appointment of Receivers – Prerequisites. Before any receiver is appointed in a foreclosure case, the following must be demonstrated by affidavit, evidence or representation of counsel:
   1. That legal or equitable grounds exist necessitating the appointment of a receiver; and
   2. That one or more of the following facts exist:
      1. The property is insufficient to discharge the mortgage or liens;
      2. The property is in danger of being vandalized, destroyed, or its value materially impaired;
      3. The mortgagor has abandoned the property;
      4. The mortgage embraces the rents and profits in the security;
      5. The property is income-producing;
      6. The mortgage provides for appointment of a receiver without notice; or
      7. Tenants verify that rent has not been collected, or repairs requested have not been made at the property.
4. Oath and Bond. Upon appointment, a receiver shall qualify and give a bond in the amount required by the Court. Bond shall be in a sum sufficient to cover the costs of all funds reasonably anticipated to be handled by the receiver during the pendency of the litigation, where there are rents and profits to be collected, and disbursements made in the management of the property during the litigation. If the receiver fails to qualify and give bond, the appointment is voidable.
5. Duties of Receivers
   1. Pursuant to the order of appointment, receivers may be granted authority to: take charge of property pending litigation, preserve property from waste or destruction, perform ordinary maintenance and repairs, receive rents and profits, hold income subject to order of the Court, and have authority to sue for eviction in the receiver’s name and capacity.
   2. Within ninety (90) days of appointment and every ninety (90) days thereafter, the receiver shall file a report of receipts and disbursements.
   3. Receivers appointed pursuant to Court order, subject to the limit set forth below, may expend up to Five Hundred Dollars ($500) per unit on necessary outlays including: expenditure of repairs, exempt real estate taxes and assessments, gas, light, and water bills, trash pickup and insurance without prior approval of the Court. In multi-unit buildings, the receiver may spend no more than a total of Two Thousand Dollars ($2000) for these expenses, without prior approval of the Court. Any expenditure over Five Hundred Dollars ($500) per unit must have prior approval by the Court. All expenditures are subject to final approval by the Court.

The Judgment Entry Decree of Foreclosure shall contain the following:

1. A short recital of pleadings filed by each party;
2. A finding that service of summons upon all defendants was proper and that the Court has jurisdiction over all of the defendants;
3. A finding that certain defendants, if any, are in default for failure to answer, and therefore barred from asserting any claims against the real estate;
4. A finding that the County Treasurer has the first and best lien on the property for real estate taxes due and payable, where appropriate;
5. A finding of the amount due to the plaintiff on the lien and an order rendering judgment in favor of the plaintiff and against those defendants personally obligated where prayed for in the complaint and not previously discharged in bankruptcy;
6. A finding that the plaintiff's lien is first and best (or good and valid) lien on the property after taxes, where appropriate;
7. A finding that the plaintiff is entitled to foreclosure;
8. A finding of the amount, validity and priority of all subordinate liens;
9. A finding of "no just reason for delay";
10. An order that unless the sums found due in the decree are paid in full within three (3) days from the date the decree is entered by the Court, the defendants' equity of redemption will be foreclosed and an Order of Sale will issue to the appropriate Officer to appraise, advertise and sell the property at public sale;
11. An order of distribution of proceeds;
12. A waiver of deposit at sale for first lienholder; and
13. An order to the Clerk and the Cuyahoga County Recorder to fully or partially release the liens and mortgages of record from the property.

1. Any party seeking to have a property sold under a foreclosure decree shall file a Praecipe with the Cleveland Municipal Clerk of Court (“Clerk”) asking the Clerk to issue a copy of the Decree and Order of Sale to the Cuyahoga County Sheriff.
2. The party filing a Praecipe shall deposit the sum of Five Hundred Dollars ($500) as advanced costs of the Sheriff Sale.

1. All judicial sales shall be conducted by the Cuyahoga County Sheriff’s Department and shall follow the procedures set forth by the Sheriff’s Department, unless otherwise ordered by this Court.
2. In limited circumstances, where appropriate and upon showing of good cause, the Court may require that the sale be subject to an existing tenancy on the property.
3. Sheriff’s Return of Sale. The Sheriff shall return the Order of Sale to this Court within sixty (60) days from the date of sale advising the Court that the sale was held with or without execution and showing the name and address of the successful bidder(s) and the amount of the bid.
4. Confirmation of Sale
   1. Upon written Motion of any party to the action, the Court may confirm the sale.
   2. This Court will not confirm any sheriff’s sale until such time as the party ordering the sale has filed a certificate of service of notice of the sale stating that the notice of sale has been sent to all parties who have appeared in the action, by ordinary mail to their last known address or attorney of record.
5. Distribution of Sale Proceeds. All Orders of Confirmation shall distribute the proceeds of the sale to the parties according to their priorities.
6. Supplemental Distribution of Funds. Any lien holder asserting an interest in the proceeds of the sale after the initial distribution may file a motion with the Court requesting a supplemental distribution of the monies remaining on deposit within thirty (30) days of confirmation of the sale.
7. Sheriff’s Deed
   1. Pursuant to R.C. 2329.36, the counsel who files the writ of execution shall timely deliver a deed to the Sheriff, and the Sheriff shall record the deed.
   2. Failure to timely deliver the deed as set forth in division (a) may result in sanctions the Court determines appropriate including, but not limited to, an order to show cause why counsel should not be held in contempt or assessing costs associated with making and delivery of the deed to the Sheriff for recording.