The Court Refuses to Process My Eviction; What Can I Do?
Navigating the eviction process can be challenging, especially when courts introduce unexpected delays. This blog post explores common hurdles landlords face and offers practical solutions to move the process forward.
Several courts, including the Cleveland Municipal Court, have introduced numerous obstacles to processing evictions. These include failing to adopt a magistrate’s decision, not scheduling a move-out date, or refusing to issue a writ of restitution. Generally, this has become something of a game between the landlord bar and the presiding judge, Mona Scott, of the housing division.
In a recent case, AIY Properties had to file yet another writ of mandamus against Judge Scott to compel her to issue a judgment in AIY Properties, Inc. v. Cielma, et al., and to proceed in a summary, expedited manner at all stages of forcible entry and detainer proceedings, including the issuance of writs of execution.
AIY filed their case on September 10, 2024. The court did not hold a hearing on the complaint until November 8, 2024, almost two full months after the complaint was filed. At the hearing, the magistrate found for AIY, but then did nothing. AIY filed for a writ of mandamus forcing Judge Scott to actually do something on December 4, 2024. Two days later, Judge Scott adopted the decision of the magistrate and ordered a move-out. The move-out did not actually occur until December 20, 2024.
This is just one of many writs of mandamus that have had to be filed against Judge Scott in order to force her to actually adopt the decisions of the magistrate and prosecute the evictions in her docket fully. One of the dissenting appellate judges even wanted to determine whether the appellate court should review Judge Scott’s systemic delay in the Cleveland Housing Court.
If you are prosecuting an eviction and the court isn’t moving it along, there are things that you can do, such as filing a writ of mandamus. While it can be costly and time-consuming, like with AIY, it may be the only way to compel the court to act and move your eviction along.
If your eviction is stuck and not moving along, don’t hesitate to contact us for assistance in filing a writ of mandamus.
