Information Regarding Civil Division
You may visit
the Civil Division, located in the Fostoria Municipal Building,
during the office hours of 8:30 A.M. to 5:00 P.M., Monday through
may file a civil action in this court if the total amount
of damages is $15,000.00 or less.
The jurisdiction of the Fostoria
Municipal Court includes the cities of Fostoria, Jackson
and Loudon Townships in
Seneca County, Arcadia and Washington Township in Hancock
County and Perry Township in Wood County.
||Is Fostoria Municipal Court the appropriate court
to file my civil action?
|| The answer is yes if
ANY of the following statements is true:
Defendant lives in the jurisdiction, or the Defendant
is a business that has its principal place of business
in the jurisdiction.
A person was injured or personal
property was damaged in the jurisdiction.
A Defendant signed or entered into a contract in the
jurisdiction, a Defendant lived in the jurisdiction when the
contract was entered into, a contract or obligation was to
be performed in the jurisdiction, or the Defendant was a
corporation and the contract was breached in the jurisdiction.
Unlawful Detainer Complaints
The procedure for Unlawful Detainer Complaints
is as follows:
- The landlord
must serve adult tenants with a "Notice to Leave the Premises". Notices can be obtained from a legal publishing company.
After the time stated in the notice has passed and the tenants
have not vacated the premises, then
- An original
complaint along with the "Notice to Leave the Premises" that
was served on tenants must be filed with adequate copies to
serve on all tenants. The first hearing date will be set by
the Court. This initial hearing is for the "First Cause
of Action" in the case.
Please Note: The Court
cannot offer legal advice or assistance in completing a complaint.
Plaintiffs are advised to seek legal counsel or to call the Fair
Housing Association at (330) 253-2450.
Physical Eviction Procedures
is found in favor of the Plaintiff (landlord), a "Writ of Restitution" (Court
Order for the tenant to vacate the premises) will be granted
by the Judge. Within ten (10) days after order of the "Writ
of Restitution", a physical eviction shall go forward. The Plaintiff schedules with the Bailiff as to the date and time that the Defendant must vacate the premisis.
the Defendant is unwilling to vacate the premises, it is the
responsibility of the attorney, Plaintiff, or agent to arrange
for movers to be at the eviction site on the date and time specified
by the Court. The bailiff does not make such arrangements; handle
keys or monies, or direct any party to a specific moving company.
money judgment requested by the Plaintiff for back rent or property
damages owed by the Defendant is referred to as the "Second Cause
of Action" in the case.
If the Defendant disputes the amount
of monies requested by the Plaintiff for the "Second Cause of
Action", an Answer to the Complaint must be filed in writing
within twenty-eight (28) days of receipt of the summons to the
Plaintiff and then with the Court within three (3) days after
service on the Plaintiff.
If the Defendant fails to Answer the "Second
Cause of Action" of the Complaint within twenty-eight (28) days,
the Plaintiff may file for a "Default Judgment" for the requested
The State of
Ohio has in place "The Landlord-Tenant Law" which explains the
responsibilities each party has in regard to a rental unit, and
the actions that each party may take if those responsibilities
are not met.
are the landlord's responsibilities?
has the responsibility to keep the structure in a safe and
sanitary condition, in compliance with state and local housing,
and health and safety codes. In general, this means that
the landlord must keep in working order electrical, plumbing,
sanitary, heating, ventilating and air-conditioning fixtures
and appliances. There must be running water, reasonable amounts
of hot water and heat. In most cases, waste receptacles must
also be provided. The landlord must give the tenant reasonable
notice of an intent to enter the premises for any reason
and must not harass the tenant with unreasonable or repeated
demands of entry.
are the tenant's responsibilities?
has the responsibility to keep the premises clean and sanitary.
The tenant must not damage property beyond normal wear; must
use electrical equipment properly; must not disturb the neighbors;
and must allow the landlord to inspect, repair and maintain
the premises, after giving reasonable notice.
can the tenant do if the landlord DOES NOT meet his/her
||If the tenant
believes that the landlord has not met his/her responsibilities
under the law, there are a number of options available. A
tenant must make a written complaint to the landlord to rectify the problem and give thirty (30) days in
which to do so before any of the remedies may be instituted.
The remedies may be found in Section 5321.07 of the Ohio
Revised Code. They include rent deposit actions, lease termination
or a request for a court order to repair. There are, however,
conditions the tenant must meet before taking advantage of
these remedies--see Section 5321.07 of the Ohio Revised Code.
can the landlord do if the tenant DOES NOT meet his/her
the tenant has the responsibility to pay the rent on time,
maintain the rental unit properly and fulfill the obligations
under the law. Generally, if the tenant does not meet these
responsibilities, the landlord may terminate the rental agreement
and take action to evict the tenant. The court can also order
the tenant to pay the landlord for past due rent and damages
to the premises. Adequate notice to the tenant to comply
with the requirements of the law and allowing time to repair
the situation should be given before using any other option.
A three (3) day notification prior to filing an action for
eviction may include notification to the tenant of their
rights. A full explanation of the procedures can be found
in Chapter 5321.07 of the Ohio Revised Code.
Procedure for Filing a Rental Escrow Complaint
must first send a list of repairs or maintenance needed to the
landlord by certified mail or personal service. The landlord has thirty days from
the receipt of the certified letter to make the listed repairs.
If after thirty days, the landlord has not made the listed repairs
to the property, the tenant may file a Rental Escrow complaint
with the Clerk of Courts. The tenant does not pay a filing fee
for a Rental Escrow complaint.
The tenant must provide the Clerk
of Courts Office with the following:
- The timely deposit of
rent. A copy of the letter the tenant sent to the landlord
listing needed repairs.
- Return receipt of service of the letter signed by the landlord or his/her agent.
After a tenant
moves out, the landlord subtracts from the deposit any past due
rent and the cost of tenant-caused damages. The landlord then
must return the balance, with an itemized list of subtractions
to the tenant within 30 days of the termination of the lease.
When the tenant provides the landlord in writing with a forwarding
address and a security deposit is wrongly withheld, the tenant
may recover double the amount due and reasonable attorney fees.