First and Second Cause in an Eviction: What does it all mean?

Published on January 15, 2020

In Ohio, evictions can be separated into two parts: the first cause and the second cause. Why is an eviction case divided into two parts and what's the importance of each?

First Cause of an Eviction Case

The first cause is the part of an eviction most people think of when they hear the word "eviction." This is the hearing where the magistrate decides whether or not the tenant needs to move out of the property or face a set out. Many evictions in Franklin County only have a first cause.

Second Cause of an Eviction Case

Fewer people are familiar with the second cause of an eviction. This is the landlord's opportunity to pursue a claim for money against the tenant. There are a couple of things that are important to know about the second cause of an eviction.

• First, a tenant who has received a two cause eviction must file an answer to the second cause. An answer is the tenant's opportunity to dispute the amount of money claimed in the second cause. Additionally, in the Franklin County Municipal Court, once the tenant files an answer, the case may be referred to the Mediation Program by the Court to see if parties can resolve the claim. Mediation is a chance for parties to resolve a claim outside of a courtroom and in a way that works for both sides. In mediation, the parties have communication help from a neutral party, a 'mediator'. However, if a tenant does not file an answer, the landlord can file a motion for default judgment allowing them to receive a judgment for the entire amount of money that they are claiming is owed. For help filing an answer, visit the Self Help Resource Center.
• Second, a judgment for a second cause of action can affect a tenant's ability to rent a future apartment. Many landlords look at past judgments when making rental decisions. If a landlord notices that a tenant has a judgment against them for money that is still unpaid, they may decide to rent to someone else without that kind of rental history.
• However, many landlords will look favorably on a tenant who has either paid off a second cause judgment or has a payment plan in place to settle the debt. For this reason, it's important to continue communication with a former landlord, attempt to work out a payment plan, or to otherwise address a second cause of action.

For more information on mediation at the Franklin County Municipal Court, contact the Dispute Resolution/Mediation Department. If you still have questions related to a second cause of action or for answers about other eviction-related questions, visit the Self Help Resource Center Monday - Friday, 9 AM - 3 PM.