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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28052
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I live in Ohio, got an eviction judgement against the

Customer Question

I live in Ohio, got an eviction judgement against the tenants, got writ of restitution of premises. Their attorney then filed for an emergency hearing saying that the tenants did not have enough notice to get their stuff out. She filed that a week ago and there's been nothing that has said the motion has been granted or denied. I'm wondering if we were expected to say something about the motion? Write a response or something?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. The obligation is on the attorney to set the hearing and go before the Judge and to be honest, if they did not more time, they should be out by now, if a week has passed. If they still remain, it would be odd considering that it should be more then enough time t vacate, so the issue may be moot. You can reach out to their attorney and see exactly what is going on with them or go by and see if they left. If not, your court order will still control and the filing of their motion would not necessarily prevent you from taking possession. You can advise the attorney a week has passed and if they are acting in good faith and needed more time to move, they should be out by now making this motion moot.

Customer: replied 1 year ago.
Thank you, ***** ***** out since June and haven't paid rent since then, but still have stuff there. So, their attorney sets the emergency hearing date and not the court?
Expert:  RealEstateAnswer replied 1 year ago.

Every court has their own local rules but if it was truly an emergency, then their attorney should be right on top of this. Also, as I shared, if they have been out since June but left their stuff, we are going on 4 months, in which time they had to get it. As such, what have they been doing? As such, unless something is ordered, your court order will control. You can call the attorney and give them a specific date to get it, if you want to try and work this out but if not, can proceed per the court order, if you wanted to.

Customer: replied 1 year ago.
Do I just go back to the court and ask to have my writ of restitution reinstated? Is that something I have to go before the magistrate for or I just file with the clerk?
Expert:  RealEstateAnswer replied 1 year ago.

Well has any action been taken by the court or did their attorney just file the motion? You said everything was ordered, so how long ago was this