Understanding Eviction Notices in Ohio
In Ohio, landlords need to serve the proper written notice before pursuing eviction through the courts. The notice type varies based on the grounds. You must give a different amount of notice epending on whether the tenant has overdue rent or violated the lease.
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Types of Eviction Notices in Ohio
Ohio requires landlords to serve a notice that corresponds to the cause of eviction. Different rules apply to nonpayment, lease violations, or terminations.
3-Day Notice to Pay Rent or Quit
Send this form to a tenant who has not paid rent on time. Following § 1923.02 and § 1923.04, this notice informs the tenant that they have three days to pay the overdue rent or vacate the property.
3-Day Notice to Pay Rent or Quit
Use to evict a tenant for failing to pay rent on time.
3-Day Notice to Quit for Non-Compliance
If a tenant breaches their lease, you can send this notice detailing the violation and giving the steps to rectify it if it’s curable. Under § 1923.02(A) and § 1923.04, tenants have three days to address the issue or move out.
3-Day Notice to Quit for Non-Compliance
Remove a tenant that has failed to uphold the terms of their lease.
7-Day Notice Lease Termination
Tenants who are on week-to-week leases must receive seven days’ notice. When you use the form below, you can confidently end a week-to-week tenancy while following the rules under § 5321.17(A).
7-Day Notice Lease Termination
End a lease agreement where rent is paid every week.
30-Day Notice Lease Termination
Under § 5321.17(B), you must issue 30 days’ notice if you want to terminate a month-to-month lease without cause. This gives the tenant enough time to leave the property so you can recover it within a reasonable period.
30-Day Notice Lease Termination
End a month-to-month lease agreement.
How to Evict a Tenant in Ohio
Ohio eviction lawsuits are governed by Title 19, Chapter 1923. Follow these steps in the Ohio eviction process to successfully evict a tenant and avoid legal issues.
Step 1: Serve Notice to Your Tenant
In Ohio, you must serve a notice to your tenant when they violate the terms of their lease before you can submit the eviction notice to the court. Four notices are listed above; make sure you use the appropriate notice for the eviction.
Step 2: Submit a Complaint Form to the Court
The landlord must submit an Ohio Complaint Form with their local court if the tenant does not cure their violation (i.e., pay rent, resolve the health hazard) within the permitted time period. Each Ohio trial court has different forms and local rules.
Step 3: Wait for the Tenant to File Their Answer
After the complaint has been filed, the court will issue a summons and send a copy of the complaint to the tenant. The tenant has a minimum of seven days from receipt of the summons to respond and file a Defendant’s Answer.
Step 4: File the Remaining Documentation With the Court
Ensure all paperwork is filed correctly and any breach or violation documentation is available to the courts.
Step 5: Attend the Eviction Hearing
If the judge rules in favor of the landlord, a Writ of Execution will then be issued by the Court’s Bailiff or Sheriff.
Step 6: The Tenant Vacates the Premises Voluntarily or Involuntarily
Upon receiving the writ, the tenant has a certain number of days to vacate the premises according to the judge’s decision. A sheriff will oversee the physical eviction if the tenant doesn’t leave the property alone.
Related Ohio Court Forms
These court form examples are from the Akron, Ohio, court system and should only be used as a reference. You must use a court form from the county or municipality that your property resides in.
- Ohio Complaint Form – Officially submits a complaint to the municipal or county court stating why a landlord is seeking an eviction against their tenant.
- Notice to Leave Premises – Provides the tenant with three days notice to vacate the premises after failing to pay rent or not complying with the lease.
- Defendant’s Answer – The tenant uses this form to respond to an eviction complaint filed against them. Must be filed within 28 days after receiving a court summons.
