Ohio Eviction Process

How to Evict a Tenant in Ohio (10 Steps)

Step 1 – Write Eviction Notice

You can use an Ohio eviction notice template to easily follow all relevant regulations. The time period and possible remedies referenced in the notice will depend on the specific offense and type of tenancy.

Step 2 – Serve Notice to Tenant

Per Ohio Rev. Code § 1923.04(A) regarding the Ohio eviction notice process, you can lawfully serve an eviction notice to a tenant via any of the following methods:

• Hand delivery to tenant.
• Posting the notice at the premises or the tenant’s current known residence.
• Delivery by certified mail, return receipt.

Step 3 – Wait To Hear From Tenant

Upon receipt, the tenant has the number of days stated in the notice to pay overdue rent, solve a problem on the premises, or move out. If the tenant does not comply within this timeframe, you can file an eviction lawsuit.

Step 4 – File Complaint

You must file a lawsuit at your local Ohio municipal or county court. Filing fees will vary by county but are generally more than $100 in major cities.

Each municipality will also have its own complaint form. Check the Court of Common Pleas in your jurisdiction for the proper paperwork.

Step 5 – Court Serves Tenant With Complaint and Summons

Landlords and their lawyers and agents are not allowed to serve the complaint and summons to the tenant. Depending on the type of court the case is being heard in, the party responsible for serving the tenant is:

• In county court: the sheriff.
• In municipal court: the bailiff.
• In either court: a designated process server if not the assigned authority.

Tenants should be served within three days of the complaint’s filing if the offense is related to illegal activity (Ohio Rev. Code § 1923.051). For other eviction reasons, the service is at least seven days before the hearing (Ohio Rev. Code § 1923.06). Between the service and hearing, either party can request a continuance of up to eight days.

Step 6 – Tenant May File an Answer

Prior to the hearing, the tenant can contest the eviction by answering the court in writing. They must file this response within 28 days of being served the complaint and summons.

If the tenant chooses not to file an answer, you can file a default motion judgment to obtain a writ of execution, also known as a writ of restitution. Alternatively, if the tenant’s defense in their answer is sound, the judge may dismiss your case without a hearing.

Step 7 – Attend the Hearing

Both you and the tenant must attend the hearing, which should be scheduled within 30 days after the tenant has been served. If the tenant does not attend, the court may automatically rule in your favor. If you do not attend, the case will be dismissed.

Step 8 – Apply for a Writ of Execution

If the court rules in your favor, you can then apply for a writ of execution from the court. This is the tenant’s final notice to vacate before being forcibly removed.

Step 9 – Final Notice Is Served

The writ of execution must be served on the tenant by the sheriff or similar authority prior to the eviction being carried out. This service usually costs about $35 to $45, depending on your county.

Step 10 – Repossess Property

If the tenant must be forcibly removed, you will have to pay a $45 set-out fee to the county. Once the tenant has been removed from the property by the sheriff, possession of the property will be returned to you.

Eviction Reasons

Landlords can legally evict tenants for various reasons. A full list of these can be found in Ohio Rev. Code § 1923.02.

Most reasons are considered “at-fault” evictions, where a tenant violates one or more of their responsibilities as outlined in the lease agreement. When a landlord decides not to renew a lease without the tenant doing anything wrong, this is known as a “no-fault” eviction.

At-Fault Evictions

At-fault eviction reasons range from being late on rent to committing criminal acts on the property. Depending on the offense’s severity, the eviction notice will either allow the tenant time to fix the problem or instruct them to leave.

If the tenant gets the option to remedy the issue and remain living at the property, their offense is known as “curable.” If the tenant is asked to move out without the chance to fix the problem, their more serious offense is referred to as “incurable.”

1. Not Paying the Rent

Overview:

• Requires a three-day notice to quit before a landlord can file for eviction.
• Can be curable if the tenant pays the balance due and any late fees within three days of receiving the notice.

There is no statewide grace period for rent payments in Ohio. Unless the lease states otherwise, rent is considered due at the start of each month and late the day after it’s due.

2. Violating the Lease

Overview:

• Requires a three-day notice to quit before a landlord can file for eviction.
• Can be curable if the tenant fixes their breach within three days of receiving the notice.

Examples of common ways that a tenant may violate their lease agreement include:

• Housing unauthorized occupants at the property.
• Having unauthorized pets on the premises.
• Smoking in non-smoking areas.
• Refusing to allow the landlord to lawfully enter the unit.
• Causing minor property damage.

3. Violating Health and Safety Codes

Overview:

• Requires a 30-day notice to quit before a landlord can file for eviction per Ohio Rev. Code § 5321.11.
• Materially affects health and safety. Can be curable if the tenant brings the property up to code and stops any behavior that risks health or safety on the premises within 30 days of receiving the notice.

Health and building code violations that can lead to eviction in Ohio include:

• Not throwing out trash.
• Causing rodent or bug infestations.
• Damaging electrical wiring.
• Ruining plumbing fixtures.

4. Conducting Illegal Activity

Overview:

• Requires a three-day notice to quit before a landlord can file for eviction.
• This offense is incurable, so the tenant must move within three days of receiving the notice.

Examples of illegal acts that can cause eviction include:

• Any involvement with illegal substances.
• Being a registered sex offender on a property near a restricted area.
• Violent crimes like theft, assault, and homicide.

5. Staying After a Lease Expires

Overview:

• Requires proper notice to end the tenancy, depending on the type of tenancy and stipulations in the lease agreement, before a landlord can file for eviction.
• Incurable, so the tenant must move out immediately once their lease has expired.

A tenant is known as a “holdover” tenant if they stay on a property after their lease expires. No eviction notice is required once the landlord properly terminates the lease.

No-Fault Evictions

At the end of a fixed-term lease or after giving proper notice for a periodic lease, landlords can decide not to renew rental agreements at no fault of the tenants. A landlord cannot evict without just cause in the middle of a lease term.

Reasons for no-fault evictions may include when a landlord plans to:

• Move into a property themselves or house an immediate family member there.
• Complete significant renovations that require a unit or entire building to be vacant.
• Convert the property for another purpose, like creating condominiums.
• Sell the property to another party that does not wish to take on the existing lease.

In order to properly end a tenancy of any type, Ohio landlords must follow the rules set forth by Ohio Rev. Code § 5321.17.

1. Properly Ending a Fixed-Term Tenancy

Overview:

• Only requires notice of an upcoming expiration if the lease agreement includes a relevant clause on notifications for lease renewal or non-renewal.
• No-fault eviction reasons are not curable, so the tenant must move out before the end of their lease.

2. Properly Ending a Month-to-Month Rental Agreement

Overview:

• Requires a 30-day notice to terminate the rental agreement before a landlord can file for eviction.
• No-fault eviction reasons are not curable, so the tenant must move out before the end of the notice period.

3. Properly Ending a Week-to-Week Rental Agreement

Overview:

• Requires a seven-day notice to terminate the rental agreement before a landlord can file for eviction.
• No-fault eviction reasons are not curable, so the tenant must move out before the end of the notice period.

Eviction Timeline

Tenant Rights in Ohio

According to Ohio Rev. Code §§ 5321.02 and 5321.15, tenants are protected from two types of illegal evictions. These are known as “self-help” and “retaliatory” evictions and are illegal in most states.

Self-Help Evictions

Tenants can only be removed from a property by the formal eviction process. Landlords who try to circumvent the process by committing “self-help” acts like the following may be subject to penalties:

• Changing locks.
• Shutting off utilities.
• Taking the tenant’s personal property off the premises.

A “retaliatory” eviction is one that happens without just cause after a tenant exercises a legally protected right like:

• Asking the landlord to fulfill their responsibilities for maintenance and repairs.
• Complaining about the property’s health or safety to government authorities.
• Joining a tenant’s organization or union.

In response to any of these actions or similar ones, a landlord is not permitted to:

• Threaten or pursue eviction.
• Reduce availability for maintenance and repairs.
• Complete any “self-help” eviction acts.
• Raise the rent price.

Tenants can prove retaliation through a collective pattern in the landlord’s history of behavior. If illegal eviction measures are proven in court, the landlord found guilty may have to pay the tenant for actual damages and legal fees.

Abandoned Property

What to do with abandoned tenant belongings following eviction is not specified in Ohio law.

In general, it’s a good idea for landlords to:

• Check if their city allows them to move tenant belongings or requires them to hire licensed, bonded movers.
• Take a detailed inventory of all items left behind.
• See what local law dictates about the storage of abandoned items.
• Send a notice to the tenant’s last known address before disposing of items — a specific notice time period may be required within a municipality, so landlords should check before acting.
• Dispose of the property through legal channels like donation, sale, or trash if tenants do not reach out in a reasonable time period to reclaim their property.

Resources

• The Ohio Bar Association’s description of tenant and landlord rights and obligations in Ohio.
• The Legal Aid Society of Cleveland’s answer to what happens to personal property after an Ohio eviction.