Cleveland Law Library Weblog

LSC Eviction Laws Database Available On The Library's Landlord/Tenant FAQ Page

LSC Eviction Laws Database is an online tool that allows users to explore the entire legal process of eviction – from pre-filing to post-judgment – in communities across the country. 

Cleveland Housing Court Adopts Rule 6.13 on Sealing Eviction Records

On December 31, 2018, the Cleveland Housing Court adopted Local Rule 6.13 captioned "Motion to Seal Eviction Record."  This Rule indicates that a record can be sealed "when the interests of justice...outweigh the interests of the government and public in maintaining a public record of the case..." The Rule also contains a non-exclusive list of circumstances in which sealing would be appropriate. The Rule also identifies conditions and factors for the Court to consider as well as rules for the redaction of information.

Rule 6.13 has been posted on the Housing Court's web site at this link. 

Cleveland Homeless Legal Assistance Self Help Center Opens

Last week, the Cleveland Homeless Legal Assistance Program opened a Self Help Center inside the May Dugan Center at 4115 Bridge Road in Cleveland. This new Center is intended to help homeless people and others who cannot afford a lawyer with civil issues such as landlord/tenant problems and divorces. Although the Center will provide access to legal documents and allow users to copy materials and access court websites for information, Center staff will not offer legal advice. The Center is sponsored by the Northeast Coalition for the Homeless and the Cleveland Bar Association (which has since merged with the Cuyahoga County Bar Association to become the Cleveland Metropolitan Bar Association). Hours for the Center are 1-4:00 p.m. on Mondays and 10 a.m.-noon on Wednesdays.

Bill Lets Seniors with Longterm Illnesses Terminate their Lease

Sheryl Harris of the Cleveland Plain Dealer writes:

"HB 161, newly introduced in the Ohio House by State Rep. Jim Raussen, a Republican from Springdale, would allow seniors to break rental agreements if they or their spouses suffer a long-term illness that will require nursing home or family care."

Bill Would Let Sick Seniors Dissolve Rental Agreements by Sheryl Harris, The Plain Dealer, May 17, 2007. 

Posted by Sue Altmeyer

Shaker Heights Proposed Ordinance Holds Landlords Responsible for Tenant's Crimes

A proposed Shaker Heights ordinance will hold landlords responsible for the criminal acts of their tenants committed within 1,000 feet of the rental property.  The language will be added to an existing ordinance whereby the city can charge property owners for police response to numerous nuisance crimes.  Under the proposed ordinance, landlords could lose their rental permits if their tenants commit crimes within 1,000 feet of the property.  The landlord can reapply for a license, for a fee.  The re-applying landlord may have to take classes or hire a company to screen tenants. 

The city of Bedford has adopted an ordinance holding parents responsible for the repeated criminal acts of their children.  Parents may be subject to a fine or even a prison term. The Bedford ordinance is similar to an ordinance enacted in Maple Heights.  See our prior post: Update to Maple Heights Parental Responsibility Ordinance

Source: Shaker Heights May Penalize Landlords for Tenants' Crimes by Thomas Ott, The Plain Dealer, Feb. 25, 2007. 

Pro Se Tenants Entitled to Attorney Fees

In a case of first impression, the Eighth District Court of Appeals held that pro se tenants can recover attorney fees under ORC 5321.16.  ORC 5321.16 requires that the landlord must refund the security deposit, less any amount for past due rent or damages, to the tenant within 30 days.  One of the pro se plaintiffs in this case is an attorney.  Lytle v. K & D Group, Inc. 2005-Ohio-4310, August 18, 2005.

"Generic Advertising" Does Not Fulfill Landlord's Duty to Mitigate

The Eighth District Court of Appeals affirmed the Berea Municipal Court's holding that generic advertising was not sufficient to fulfill the landlord's duty to mitigate damages.  During the slow rental months of December and January, a generic print ad for available space in the entire apartment complex was sufficient.  Subsequently, the landlord should have made more efforts to rent out the particular unit in question.  Oakwood Estates v. Crosby, 2005-Ohio-2457, May 15, 2005.