A Second Cause in Housing Court

[Christopher Sandys]

In Toledo when performing an eviction, you have two options.  The first, and most common, cause is to evict for possession of the property.  This is the classic "get out of my house" action that most people are familiar with.  The second cause, and one that is not used as frequently, is essentially a monetary lawsuit.  With a second cause you sue for delinquent rent, late fees, damage, et al.

You can file a first cause alone, a second cause alone, or a combined first and second.

My question:  If you plan on filing a second cause (i.e. the deadbeat renter is gone and you have possession), how do you find out where he is to serve him the court summons?  Has anyone done this?

[Al D.]

If he is still there, you may want to try a little game about returning his security deposit/following the law. Depending on his “abilities,” you can get his forwarding address by following the law that actually applies to both parties here:

ORC Section 5321.16 (B) “… The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section.”

https://codes.ohio.gov/ohio-revised-code/section-5321.16