Avon Lake Municipal Court
Docket entry on civil case number CVG 2400526

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Case Number: CVG 2400526
Defendant(s): Lalla, Andrew
    09/04/2024
    • CASE WAS FILED WITH COURT
    • CERTIFICATE OF MAILING $1.30
    09/06/2024
    • SUMMONS ISSUED TO LALLA, ANDREW
    • BY BAILIFF.
    • CASE SET FOR A F.E.D. HEARING ON 10/08/2024 AT 3:00 PM
    • CASE SET FOR A SECOND CAUSE ON 12/03/2024 AT 1:30 PM
    • CIVIL FILING FEE FOR 1 DEFENDANT $96.00
    • CERTIFIED MAIL POSTAGE $10.00
    • ORDINARY POSTAGE $5.00
    • PAYMENT - RECEIPT NO. 2402981 IN THE AMOUNT OF $ 111.00
    • DEPOSIT - RECEIPT NO. 2402982 IN THE AMOUNT OF $ 50.00
    • E-CERTIFIED MAIL # 9314 8699 0440 0076 2394 59
    • ISSUED ON: 09/06/2024 TO: LALLA, ANDREW
    • SENT BY: TERESA
    • HEARING NOTICE TO PLAINTIFF
    09/10/2024
    • ON SEPTEMBER 11, 2024 I MADE POSTING SERVICE TO
    • ANDREW LALLA AT THEIR PLACE OF RESIDENCE.
    • I POSTED A COPY OF SUMMONS & COMPLAINT ON DOOR THAT
    • APPEARED MOST COMMONLY USED AFTER OTHER ATTEMPTS FAILED.
    • BAILIFF FEES $20.72
    09/16/2024
    • CERTIFIED MAIL RETURNED MARKED ATTEMPTED - NOT KNOWN
    • ORDINARY MAIL RETURNED MARKED ATTEMPTED - NOT KNOWN
    09/18/2024
    • NOTICE OF FAILURE OF SERVICE MAILED TO PLAINTIFF'S ATTY.
    10/09/2024
    • CASE SET FOR A F.E.D. HEARING ON 10/15/2024 AT 3:30 PM
    • DEFENDANT APPEARED AT CLERK'S WINDOW AND PICKED UP SUMMONS
    • AND COMPLAINT WAS ALSO GIVEN NEW HEARING DATE FOR FED
    • PLAINTIFF NOTIFIED OF NEW FED HEARING DATE BY PHONE PER
    • BAILIFF. COPY OF NOTICE MAILED TO PLAINTIFF
    10/18/2024
    • JUDGMENT ENTRY-CASE WAS CALLED FOR HEARING ON PLAINTIFF'S
    • FIRST CAUSE OF ACTION (TITLED FIRST CLAIM FOR RELEIF
    • EVICTION IN PLAINTIFF'S COMPLAINT) FOR FORCIBLE ENTRY AND
    • DETAINER. DEFENDANT REPRESENTED THAT HIS NAME IS NOT ANDREW
    • LALLA BUT IS ANDREW LALLATHIN. THE COURT FINDS THAT
    • PLAINTIFF IS THE OWNER OF THE PREMISES LOCATED AT 37000-UP
    • DETROIT ROAD, AVON, OHIO, ALSO REFERRED TO AS 37020 DETROIT
    • ROAD, AVON, OHIO. DEFENDANT IS RENTING THE PREMISES FROM
    • PLANTIFF. PLAINTIFF TESTIFIED THAT THE PARTIES ENTERED INTO
    • A WRITTEN LEASE AGREEMENT, BUT DEFENDANT TESTIFIED THAT HE
    • NEVER REVIEWED OR SIGNED A WRITTEN LEASE AGREEMENT.
    • PLAINTIFF WAS UNABKE TO PRESENT A SIGNED LEASE AGREEMENT
    • AS EVIDENCE. THE OTHER DOCUMENTS PRESENTED BY PLAINTIFF AS
    • EVIDENCE OF THE AGREEMENT ARE INSUFFICIENT FOR THE COURT TO
    • FIND THAT A WRITTEN LEASE AGREEMENT EXISTS. ORC
    • 1335.04-1335.05 REQUIRE THAT IN ORDER TO BRING AN ACTION
    • UPON A RENTAL AGREEMENT THE RENTAL AGREEMENT MUST BE IN
    • WRITING AND SIGNED BY BOTH THE LANDLORD AND TENANT. THUS,
    • THE COURT FINDS THAT THE PARTIES WERE UNDER A MONTH TO
    • MONTH ORAL TENANCY, AND THAT THERE IS NO VALID WITTEN
    • RENTAL LEASE AGREEMENT. PLAINTIFF TAPED A NOTICE TO LEAVE
    • PREMISES UPON THE DOOR OF THE PREMISES. IN THE NOTICE TO
    • LEAVE PREMISES IT STATES THE REASON FOR THE EVICTION IS
    • "VIOLATION OF SECTION 11(F) OF LEASE AGREEMENT-PROHIBITING
    • CHANGING LOCKS WITHOUT WRITTEN CONSENT FORM LANDLORD." IN
    • THE COMPLAINT, PLAINTIFF SITES THE REASON FOR THE FIRST
    • CLAIM FOR RELIEF (EVICTION) IS "DEFENDANT IS IN DEFAULT
    • UNDER SAID LEASE AGREEMENT DUE TO THE FACT THAT A
    • TENANT CHANGED THE LOCKS ON THE UNIT ON OR ABOUT 1 YEAR
    • INTO THE LEASE AND HAS FAILED TO PROVIDE A COPY OF THE NEW
    • KEY TO THE LANDLORD DESPITE NUMEROUS REQUESTS MADE BY THE
    • LANDLORD SINCE THE DATE THE LOCKS WERE CHANGED." THE
    • PLAINTIFF SEEKS RESTITUTION OF THE PREMISES BASED ON A
    • BREACH OF A WRITTEN AGREEMENT, BUT HERE THE PARTIES ARE
    • UNDER AN ORAL TENANCY. ORC 1932.02(A)(2) PERMITS A FORCIBLE
    • ENTRY AND DETAINER ACTION AGAINST A TENANT WHO IS IN
    • POSSESSION OF THE PREMISES UNDER AN ORAL TENANCY WHEN THE
    • TENANT IS "IN DEFAULT IN THE PAYMENT OF RENT." THERE ARE
    • ADDITIONAL REASONS WITHIN R.C. 1923.02 THAT THE PLAINTIFF
    • COULD PROCEED IN A FORCIBLE ENTRY AND DETAINER ACTION UNDER
    • AN ORAL TENANCY, BUT NONE OF THEM INCLUDE CHANGING THE
    • LOCKS ON THE PREMISES. DEFENDANT SET FORTH AN ARGUMENT
    • THAT THE PREMISES WERE NOT LIVABLE AND ARGUED THAT THE
    • PLUMBING WAS INSUFFICIENT. THE COURT FINDS THAT NOT ONLY
    • WAS INSUFFICIENT EVIDENCE PRESENTED IN THIS REGARD BY
    • DEFENDANT, BUT THE DEFENDANT DID ALLOW PLAINTIFF ADEQUATE
    • ABILITY TO REMEMDY THE PROBLEMS, GIVEN THE FACT THAT HE
    • CHANGED THE LOCKS AND FAILED TO COOPERATE WITH PLAINTIFF
    • TO ALLOW ADEQUATE ACCESS TO THE PREMISED IN ORDER TO REMEY
    • PLUMBING ISSUES. FOR THE FOREGOING REASONS, PLAINTIFF'S
    • FIRST CLAIM FOR RELIEVE (EVICTION) IS DISMISSED. IT IS SO
    • ORDERED. COPIES TO ALL PARTIES.
    10/29/2024
    • RETURNED MAIL/ATTEMPTED-NOT KNOWN/UNABLE TO FORWARD.
    11/13/2024
    • SECOND CAUSE HEARING CANCELLED DUE TO NO SERVICE
    12/27/2024
    • CASE WAS CALLED FOR A TRIAL ON PLAINTIFF'S SECOND CAUSE OF
    • ACTION ON DECEMBER 23, 20245. NO ONE APPEARED. FURTHER, A
    • SECOND CASE WAS FILED WITH REGARDS TO THE SAME PLAINTIFF
    • AND DEFENDANT UNDER CASE NUMBER CVG 2400650. FOR THE
    • JUDGMENT: IJ-DISMIS SNYDER, BRAD
    • JUDGMENT: IJ-DISMIS LALLA, ANDREW IN THE AMOUNT
    • FOREGOING REASONS, THE COURT DISMISSES THIS CASE WITH
    • PREJUDICE. COSTS TO PLAINTIFF.
    • IT IS SO ORDERED.
    • COPIES TO PARTIES.
    01/02/2025
    • DISMISSAL $10.00
    • DEPOSIT WAS PAID OUT AMOUNT $ 32.02
    • DEPOSIT REFUND IN THE AMOUNT OF $ 17.98
    • CHECK 27777 WAS ISSUED TO BRAD SNYDER
    • IN THE AMOUNT OF $ 17.98