Ohio Eviction Process

Eviction Process in Ohio

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In the Ohio Eviction Process, the first step in Evicting a Tenant is serving the tenant with a Notice to Leave the Premises, commonly referred to as a 3 Day Notice. This Ohio 3 Day Eviction Notice gives the tenant 3 business days to leave the premises, or else the landlord can file an Eviction Lawsuit. Most tenants will comply with the demand in the 3 Day Notice, but some do not.

The court will tell the landlord when the Eviction hearing will be. At the hearing, the landlord should bring proof that they delivered the 3 Day Eviction Notice (at minimum bring a copy of it), bring the lease, and bring any other witnesses or evidence needed. The landlord will have an opportunity to tell the judge why the tenant should be evicted (usually as simple as “they have not paid the rent”). The tenant, if they show up, will also have the opportunity to “tell their side of the story.”

Ohio Eviction Laws

The Ohio Eviction Laws are found in Chapter 5321 of the Ohio Revised Code. As a landlord in Ohio, it is a good idea to review these every now and then.

 

 

 

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DOWNLOAD FORMS YOU WILL NEED FOR THE EVICTION IN OHIO

Ohio Landlord Notices for Eviction / Unlawful Detainer Forms Package

OHIO EVICTION FORMS

 

 

 

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The Ohio Rental Agreement

Ohio Residential Landlord Tenant Rental Lease Forms and Agreements Package

 

 

 

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Forcible Entry and Detainer Lawsuit

Once a tenant has received a 3 Day Eviction Notice, has not complied, and 3 business days has expired, the landlord should file an Eviction Lawsuit called a “Forcible Entry and Detainer” lawsuit. The court will serve the lawsuit upon the tenant, and a hearing will be set as early as 7 days from when the tenant receives the lawsuit.

 

Go to the Hearing

The court will tell the landlord when the Eviction hearing will be. At the hearing, the landlord should bring proof that they delivered the 3 Day Eviction Notice (at minimum bring a copy of it), bring the lease, and bring any other witnesses or evidence needed. The landlord will have an opportunity to tell the judge why the tenant should be evicted (usually as simple as “they have not paid the rent”). The tenant, if they show up, will also have the opportunity to “tell their side of the story.”

 

Order of Eviction

If the judge rules in favor of the landlord, the court will issue an order of eviction, usually giving the tenant 10 days to move.

 

Sheriff Removal

If the tenant does not leave after the time given in the Order of Eviction, the court will order the Sheriff or other peace officer to physically remove the tenant by force

 

 

 

 

The Ohio eviction process allows landlords to legally evict a tenant for a number of reasons:

• Nonpayment of rent
• Expiration of the lease
• Tenant’s failure to comply with health and safety codes
• Violation of material terms of the lease
• Commission of a drug offense
• Denying the landlord access upon reasonable notice (at least 24-hours)

Depending on the reason for the eviction, the Ohio eviction notice may be 3-days or 30-days.

 

3-Day Notice

For nonpayment of rent or in cases where the landlord reasonably believes the tenant or a person living on the property is involved in illegal drug activity, the notice is 3-days. The notice must advise the tenants that they are being asked to leave or that an eviction action will be brought against them. They are also advised to seek legal assistance if they have any questions or concerns.

 

30-Days Notice

For matters concerning a breach or violation of a material provision in the written lease, the Ohio eviction notice is 30-days. This also applies to month-to-month tenancies where a full rental month’s notice is required.

These notices may be served personally on the tenant or given to someone residing there, or it may be posted on the unit door or left in a conspicuous location.

If You Need an Eviction Notice for Ohio, We recommend this Ohio Eviction Notice Kit. This has everything you need to do an eviction in Ohio and we’re currently offering it at a special discounted price.

 

 

Summons and Complaint

Should the tenant not pay the overdue rent within the 3-day period or the tenant has not complied and cured the lease provision violation within 30-days, the landlord must file and serve a Summons and Complaint called an action in Forcible Entry and Detainer.

The documents can be served personally, by leaving it at the tenant’s residence or it may be served by certified mail. The tenant must be given 5 working days between service of the Summons and the court date.

A tenant may file an Answer to the Complaint by denying the allegations and file it by the court date if he or she wishes to contest the eviction.

 

Court Date

If the tenant or attorney is contesting the eviction, the court will typically reschedule the hearing for up to 8 days. The tenant will also be asked to post a bond. The parties are entitled to a jury trial if timely requested, otherwise a court trial will be held.

At the eviction hearing, the landlord must prove that the tenant has not paid the overdue rent or has violated some material provision of the lease. Rent receipts, damage estimates, photographs, police reports and witness testimony may be presented. The tenant may also present any evidence to refute the allegations or prove any counterclaims if alleged at the time the Answer is filed.

 

Rent Escrow

If the tenant alleges the landlord has failed to repair a dangerous condition that affects the tenant’s health and safety or is in violation of the housing code, he or she cannot simply refuse to pay the rent. The landlord must be given a written notice to repair the condition and be given a reasonable time, usually 30-days, to perform the repairs.

All rent must be kept current. The tenant must open a rent escrow account with the court clerk and deposit the rent there. The tenant should ask the court to order the landlord to make the repairs or release the escrowed funds so the tenant can use them to make the repairs. In some cases, the tenant may be allowed to terminate the lease with no further obligations and the rent money returned.

 

Tenant Defenses – Tenants can view helpful pages when they are being evicted> Tenants Help Pages

A tenant in the Ohio eviction process may assert any of the following defenses:

• The breach of a lease provision is not substantial enough to warrant an eviction.
• The allegations are false.
• There was improper service.
• The notice was improper.
• The landlord waived eviction by accepting rent.
• The eviction is in retaliation for the tenant having filed a complaint regarding the condition of the property.
• The eviction is based on the tenant’s religion, race, sex, national origin, creed, sexual orientation, age, marital or family status, or disability.

 

Judgment/Writ of Execution

A judgment for the landlord gives the tenant 10-days to vacate the property. If the tenant fails to leave after 10-days, the landlord must request a Writ of Execution. This is given to the sheriff who may execute it within 10-days of receiving it.

 

 

 

All evictions in Ohio must begin with a “Notice to Leave Premises,” (commonly referred to as a three-day (3-day) notice).

Note that some notices may contain extra language if you live in housing built and/or subsidized by the government.

 

Can my landlord then come over and throw out all my belongings?

No.

Your landlord must wait three (3) days and then file an eviction action with the local court.

 

How will I know if my landlord files in court?

The court will deliver to you a copy of the complaint the landlord filed along with a summons prepared by the court to tell you what to do.

Read both the summons and complaint carefully.

 

Can I get a lawyer to represent me?

Perhaps. Find your local legal aid office now.

How will I get the court papers?

You should get two (2) copies:

One (1) by regular mail; and,

one (1) more by certified mail, personal (hand delivered) service, or by leaving it at the residence.

 

How will I know when to go to court?

Read the summons carefully, since that information will be somewhere on the summons, but each court system prepares their own summons differently.

 

 

Should I go to court?

Yes, even if you move.

If you think your landlord is wrong and should not be allowed to evict you, this is your chance to convince the court your landlord is wrong.

Be prepared because you may not get another chance.

 

Why should I go if I have moved?

Tell the court you have moved, returned the keys to your landlord, have removed all the possessions you intended to take with you, and that you will not return.

The court should dismiss the eviction claim if you have already given possession back to the landlord.

DO NOT ASSUME THAT YOUR LANDLORD WILL DO THIS FOR YOU, THEREFORE BELIEVING THAT IT IS NOT NECESSARY FOR YOU TO GO TO COURT.

 

Will I have much time to prepare for my case?

No.

Like most states, Ohio has an expedited eviction process.

In Ohio, each county is permitted to create their own schedule for evictions; however,Ohio eviction law does require that you get the court papers at least seven (7) days before your court date.

If you receive your court papers less than seven (7) days before your court date, tell the court and you should set a continuance.

 

Can I bring letters and/or receipts with me to court?

Yes, and you should do so if they help explain your story. Keep in mind that letters from people who speak up in your behalf may be disallowed by the court as “hearsay.”

 

Does this mean I should bring witnesses with me to court instead of letters written by them?

Yes. This is always the best way to make sure that what they have to say can be heard by the court.

 

What should I do when I go to court?

First and foremost — be on time! If you are late and your case has already been heard, you probably will not get another chance unless you have an extremely compelling reason.

• Second, let someone from the court know you are there (typically the judge or magistrate will have a bailiff to assist them and call cases).
• Third, sit in the courtroom to listen for your case to be called and be ready to tell the court your story when called.

 

 

Can I get a lawyer?

Yes.

You may pay a lawyer to represent you.

If you are looking for a lawyer referral, see the Directory Link below.

You may be expected to pay the referral lawyer and their rates vary greatly.

 

What if I can’t afford a lawyer?

Contact your local legal aid program to see if they can assist you.

Although legal aid is free, not every person is entitled to a lawyer.

There are simply far more people contacting legal aid for help than there are lawyers available to represent all.

However, even if your local legal aid is unable to represent you, they may be able to provide with written information and/or general advice at a clinic that may help you prepare for your day in court. Find your local legal aid office now.