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Intrepretation of a Magistrates Order

Discussion in 'Other Residential Landlord & Tenant Issues' started by jrdnoland, Feb 22, 2021.

  1. jrdnoland

    jrdnoland Law Topic Starter New Member

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    Jurisdiction:
    Ohio
    The Magistrate in my mothers eviction case sent the following as an Order:

    JOURNAL ENTRY

    In accordance with Civil Rule 53, the Court has independently reviewed and hereby adopts the Magistrate's Order filed herein and enters judgment as set forth below.

    • Defendant shall be permitted to retrieve the reminder of her property at Plaintiff s residence at xxxxxx in the City of New Franklin, Ohio on Saturday February 6, 2021 between the hours of 9:00 a.m. and 11:30 a.m. only.

    • Defendant is not permitted to enter Plaintiffs residence, but her helpers may enter the residence for the purpose of retrieving her items and Defendant will not be permitted to return to Plaintiffs residence after the above date and time.

    Pursuant to Rule 58 of the Ohio Rules of Civil Procedure, the Court hereby directs the Clerk of the Barberton Municipal Court to serve upon all parties notice of this Order and its date of entry upon the journal.



    I wrote the Magistrate and asked if this meant "This was the last attempt that the defendant could retrieve their property, and that now the plaintiff had the right to dispose of any remaining items."

    He wrote back and said "It means what is says and to hire an attorney if I couldn't understand it."

    Well the police have asked me what the order meant and I have no idea other that what I wrote the magistrate.

    I paid $156.00 to file this eviction and now I can't even get a clear question answered by the court. No attorneys that I have called will interpret this for me. Hopefully, someone her can in plain words tell me what it means.

    Thanks,
    Jeff

    Am I correct in what I'm thinking this meant?
     
  2. Zigner

    Zigner Well-Known Member

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    If you are unsure of what the order means, then you should consult with an attorney.
    It would be incredibly stupid for any of us to tell you anything else, considering that giving you bad information could lead to you committing a crime.

    EDIT: I'm sure that an attorney will interpret it for you, but not for free.
     
  3. jrdnoland

    jrdnoland Law Topic Starter New Member

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    I understand, hearing that in all of the places I've tried. Legal aid isn't even taking any questions.Common sense tells me that my interpretation is correct, so I'm going to act on that, if I'm wrong then I will have to deal with the aftermath.
     
  4. Zigner

    Zigner Well-Known Member

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    I will throw you a bone...I don't see anything in that order referring to disposal of items, so you would be wise to have that clarified or make sure you follow the applicable law before just tossing it out.
     
  5. jrdnoland

    jrdnoland Law Topic Starter New Member

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    Thanks, I did look at Ohio law and found this on NOLO:

    "The landlord may find personal property left in the rental unit or on the premises after the tenant moves out of the rental unit. Most states have laws about how the landlord should handle abandoned personal property; however, Ohio does not. This does not mean that the landlord can just dispose of the property, though. The landlord should still take reasonable steps to inform the tenant of the property and give the tenant a reasonable amount of time to claim the property. If the tenant does not claim the property, then the landlord can dispose of it."

    And since we gave her two attempts to get her stuff, I feel justified in getting rid of it.
     
  6. Zigner

    Zigner Well-Known Member

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    I'm glad you were able to come to a decision. Best of luck to you.
     
  7. army judge

    army judge Super Moderator

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    One would be wise to take a video BEFORE the helpers arrive to retrieve the belongings.

    Once the helpers have arrived, one would also be wise to do what professional movers do, "tag and bag" EVERYTHING.

    One would be even wiser to keep a "bill of lading" (of sorts) that itemizes each "tagged and bagged" item.

    While one person is maintaining the "bill of lading" and the "tag and bag" process, another would be wise to take a video of the entire process.

    One COMPLETED "bill of lading" should be given to the "helpers" and one should be kept by you (or your designee).

    Good luck, and remember to "NOT breach the peace".

    Civility now, civility tomorrow, civility forever, sanity through civility!!!!
     
    Zigner likes this.
  8. zddoodah

    zddoodah Well-Known Member

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    The order seems to call for time travel since it references this happening on February 6, 2021, but I assume that's a typo -- either on your part of the court's part -- and that the intent was to refer to March 6, 2021.

    Beyond that, the order is clear on it's face. The defendant (your mother, I assume) is permitted to retrieve her stuff at the plaintiff's (your?) residence between the hours of 9:00 a.m. and 11:30 a.m. only. She is not permitted to enter your residence, but some unnamed "helpers" may do so. Your mother is "not be permitted to return to [your] residence after the above date and time." I can't imagine how it could be more clear.

    As far as you disposing of stuff she doesn't retrieve, the order is silent, so you should follow the applicable state law in that regard.
     

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