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.
Eviction Delays in Cleveland Housing Court
Several courts in Northeast Ohio, 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, W. Moná Scott, of the housing division.
Landlords in Cleveland often find themselves stuck in a months-long process that should take only a few weeks. In cities like Garfield Heights or Cleveland Heights, evictions typically move within 30 to 45 days. But in Cleveland Housing Court, delays of 90 days, 120 days, or even longer are not uncommon.
Case Example: AIY Properties v. Cielma
In one case, AIY Properties had to file a 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 the eviction process, including the issuance of writs of execution.
AIY filed their case on September 10, 2024. The court did not hold a hearing until November 8, nearly two months later. At the hearing, the magistrate found in favor of AIY, but then did nothing. AIY filed for a writ of mandamus on December 4, forcing Judge Scott to take action. Two days later, she adopted the magistrate’s decision 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 adopt magistrate decisions and prosecute evictions fully. One dissenting appellate judge even raised the question of whether the appellate court should review Judge Scott’s systemic delay in the Cleveland Housing Court.
What Is a Writ of Mandamus?
If you are prosecuting an eviction and the court is not moving it along, there are things you can do. One of the most effective legal tools is a writ of mandamus. This is a formal request to a higher court—in this case, the Eighth District Court of Appeals—asking it to compel a judge or government official to perform a required duty.
In eviction cases, this means forcing the court to:
Adopt a magistrate’s decision
Issue a writ of restitution
Schedule a move-out date
While it can be costly and time-consuming, like in the AIY case, it may be the only way to compel the court to act and move your eviction forward.
What Northeast Ohio Landlords Can Do
If your eviction is stuck and not moving along, here are your options:
Follow up informally: Call the court, request updates, and push for action. Sometimes a reminder is enough to prompt movement.
Consult an attorney: If informal efforts fail, legal counsel can assess whether a writ of mandamus is appropriate.
Document everything: Keep records of filings, communications, and court actions or inactions. This helps build a strong case if escalation is needed.
Need Help With a Stalled Eviction?
If your eviction case is not progressing and you are unsure of your legal options, consider speaking with a qualified attorney. At N.P. Weiss Law, we assist landlords throughout the Greater Cleveland with eviction matters and housing court delays.
To learn more about how we may be able to assist you, please contact our office to schedule a paid consultation.
📅 Schedule a paid consultation with Attorney Nicholas Weiss.
📞 Have more questions? Contact our office.
About the Author
Nicholas Weiss is the founder and supervising Attorney of N.P. Weiss Law, serving clients across Northeast Ohio in real estate, family law, and estate planning. He is committed to helping property owners, businesses, and families navigate legal challenges with clarity and confidence. Learn more about Nicholas Weiss.
This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For personalized guidance, please consult with a licensed Ohio attorney.
