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Eviction Instructions

Filing Instructions

  • Deposit of $150.00 payable to the Cuyahoga County Sheriff
  • Attorneys must submit an original praecipe and two copies via mail or in person
  • Private purchasers must complete a Sheriff’s Department provided praecipe in person
  • One (1) self-addressed envelope for a refund (if any)

Eviction Requirements

Upon the completion and confirmation of a foreclosure sale, the purchaser is entitled to a Writ of Possession against all party defendants (O.R.C. 2327.02).

Prior to filing for an eviction, it is required that the property is paid in full and the deed transferred to the new owner.

The Sheriff’s Department does not evict tenants. For tenant evictions, the purchasers should file through the municipality where the property is located.

Requirements:

  • An eviction form with the names and contact information of the broker, moving company and locksmith who will be present on the eviction date. The form must be received by our office no later than seven (7) business days prior to the scheduled eviction.
  • The eviction form must reflect the parties present on the date of the eviction. In the event a different representative shows up on behalf of the person listed on the eviction form, the eviction will be cancelled. There may be multiple names listed as representatives on the eviction form but at least one is required to be present at the time of the eviction
  • A licensed and bonded moving company with at least three (3) laborers plus a driver is required. The moving company must have an enclosed box truck present at the time of the eviction. Pickup trucks and open trailers do not meet the criteria of an enclosed box truck. Should the enclosed box truck not be present at the time of the eviction, the eviction will be cancelled.
  • The moving company must have current insurance liability proof on file with the Cuyahoga County Sheriff’s Department Civil Administrative Unit. Inconsistencies between the moving company listed on the insurance documentation, and the moving company listed on the eviction form will lead to the eviction being cancelled.
  • The moving company must provide a storage unit in Cuyahoga County for thirty (30) days free of charge to the defendant within ten (10) miles of the eviction address. The defendant must have access to the unit and their property for thirty (30) days and may not be charged an additional fee by the moving company to gather their belongings.
  • A driver who arrives without a moving truck to “assess” the personal property to determine if a moving truck is needed will lead to the eviction being cancelled.
  • On the date of the eviction, a broker, moving company and locksmith are all required to be on site for the eviction to take place. If any one of these parties is not present, the eviction will be cancelled.
  • A locksmith is required to gain access to the residence and re-secure the property upon completion of the eviction. A locksmith is required to gain entry into the residence within ten (10) minutes of the time the eviction is scheduled, or the eviction will be cancelled. Physical force may be used to gain entry through a door; however, the cost of repairs required following forced entry will be the responsibility of the locksmith. A locksmith may not use a window to gain entry into the residence.
  • Should the previous home owner not be on site during the eviction process, a broker, or representative for the mortgage holder will solely determine what personal property will go to storage. The deputies present for the eviction will not be involved in that process, nor will they sing any forms during the eviction.
  • A broker or representative for the mortgage holder is required to coordinate humane removal of abandoned animals from the eviction site at their expense. Food and water must be left accessible to animals that are hiding or unable to be caught, until they can be safely removed from the property.
  • Vehicles inside of enclosures on the property must be removed from the enclosure on the date of the eviction. Vehicles in the driveway of the property that are unable to be removed on the date of the eviction will be removed at the broker’s discretion. It is the responsibility of the broker to facilitate the removal of vehicles from the property, at their expense.
  • No property preservation personnel or individuals affiliated with the bank, movers or locksmith are permitted to disclose the date or time an eviction will take place to the defendant(s). Eviction notices have been generated without this information as a security precaution. Disseminating this information compromises the safety of everyone involved in the eviction process.
  • Sheriff’s Deputies present for an eviction are responsible for the safety of all parties involved in the eviction process. No broker, locksmith or moving company worker is permitted to be on the property prior to the deputies’ arrival. After entry is gained in the residence, the broker, locksmith and moving company workers are required to stay outside of the residence until the deputies have instructed them the property is secure. The deputies will remove anyone from the residence that may prohibit the eviction from being completed. If the defendant is present and compliant, they may stay for the duration of the eviction with the consent of the broker.

*Discrepancies or deviations from the process outlined above will result in cancellation of the eviction.