An Ohio eviction notice is a crucial document for landlords seeking to address breaches of contract or require tenant compliance. This notice is beneficial when tenants have not met rent payment deadlines or have violated lease terms. Following Ohio state law, this eviction notice initiates the process, allowing tenants an appropriate timeframe to rectify the breach or vacate the property.
Ohio Eviction Laws and Requirements
- Eviction Lawsuit: Title 19, Chapter 1923.
- Grace Period for Rent Payment: Specified by the lease.
- Late or Non-Rent Payment Notice: 3 days (§ 1923.02 and § 1923.04).
- Notice of Non-Compliance: 3 days (§ 1923.02 and § 1923.04).
- Health or Safety Hazard Violation Notice: 30 days (§ 5321.11).
- Lease Termination (Month-to-Month): 30 days (§ 5321.17).
How to Evict a Tenant in Ohio?
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 (3) 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 twenty-eight (28) days after receiving a court summons.