VOICES: Evictions lead to a lifetime of housing instability

Eviction filings have lasting and harmful consequences for children and their families, regardless of whether a tenant wins or loses in court. After filed, eviction records are nearly impossible to remove. My office does what it can by removing eviction records from the internet after three years. In addition, the Dayton Municipal Court has recently introduced a new local court rule that will allow tenants the ability to seal these records. However, Ohio does not have a state law allowing tenants to permanently seal or expunge these records.

Most landlords use companies that provide background checks on prospective tenants. These firms scour public records – like those of the Dayton Municipal Court – for eviction data. Typically, the reports from companies do not consider the facts, circumstances, or even the final results of an individual eviction. As a result, an eviction record of any kind, regardless of it being dismissed or the tenant winning on its merits is often enough for a landlord to reject a tenant. This leads to what many housing and tenant advocates consider a “Scarlet E.” that results in long-term housing instability for an individual that has had any eviction action filed against them.

Last year, Dayton Municipal Court had 2,977 eviction cases filed. This number does not include cases filed in the other Miami Valley municipal courts. Most eviction cases filed involve the failure of a tenant to pay rent. In Ohio, the failure to pay your regular rent on its due dates gives a landlord the legal right to file to evict that tenant. This is regardless of a tenant’s financial situation, health, or other family emergencies. Usually, these tenants are not represented by counsel and frequently fail to appear for their scheduled court date. As a result, the eviction is granted, and the tenant has a permanent record of the eviction.

So, is there a solution? Unfortunately, there is not a perfect solution to solve this issue for tenants and landlords. Landlords have a legal right to receive payment from their tenants. However, a temporary financial setback shouldn’t mean a lifetime of struggling to find a stable place to call home.

The court cannot solve the issue of housing instability alone. Opportunities for a fresh start like this shouldn’t depend on which city you live in. Ohio law already provides individuals convicted of criminal charges the ability to seal their criminal records. There are laws like bankruptcy that grant individuals a fresh start after financial hardship. Why should an eviction be any different?

Marty Gehres, a Democrat, is the Dayton Municipal Clerk of Court and an attorney. He was elected in 2021.

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About the Author

Marty Gehres