Understanding Ohio’s Eviction Process
The eviction process in Ohio follows a specific legal procedure that both landlords and tenants must follow. For landlords, following these procedures is key to maintaining their property rights while avoiding some of the costliest legal mistakes. Navigating the eviction landscape in Ohio requires careful attention to detail and strict adherence to state laws and regulations. Failure to follow proper procedures can result in significant delays, dismissal of your case, or even legal liability.
This comprehensive guide outlines the legal requirements for evicting a tenant in Ohio, from serving the initial notice to the final removal of the tenant from your property.
Legal Grounds for Eviction in Ohio
In Ohio, tenants can be evicted for any of the following reasons as per ORC § 5321.03:
Failing to pay rent Violating a building, housing, health, or safety code resulting due to the tenant’s (or their guest’s) negligence Holding over after the lease terminates Being listed on the state sex offender registry as being convicted or guilty of a sexually oriented or child-victim oriented offense, when the rental is located within 1,000 feet of a school, preschool, day-care, children’s crises care facility, or residential infant care center Violating the written rental agreement
This means that there must be a cause that is specified in the lease agreement or permitted by state law. Some common legal grounds for eviction in Ohio include non-payment of rent, violation of the lease agreement, and engaging in illegal activities on the property.
Notice Requirements
Before filing an eviction lawsuit, landlords must provide proper written notice to the tenant. The type of notice depends on the reason for eviction.
3-Day Notice
For nonpayment of rent or in cases where the landlord has knowledge of a search warrant executed against the tenant or a person living on the property for 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.
All eviction notices in Ohio must be delivered by either handing a written copy to the tenant in person, sending a copy by certified mail with return receipt requested, or by leaving a copy at the rental unit or usual place of abode. According to Ohio law, all notices must include the following statement: “You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.”
30-Day 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.
When a tenant has violated health or safety codes, landlords must provide a 30-day notice to allow the tenant time to correct the issue. If the issue is not resolved within that timeframe, the landlord may proceed with the eviction.
Filing the Eviction Lawsuit
After the notice period expires, landlords can file an eviction lawsuit with their local municipal or county court. The filing must include copies of the eviction notice, lease agreement, and any relevant documentation supporting the eviction reason. Courts typically charge filing fees ranging from $123 to $250, depending on the jurisdiction.
In Ohio, evictions typically have two parts: First and Second “Causes,” or claims. The first cause is for possession, while the second cause is a monetary action for the rent or damages a tenant owes. These cases are part of the same lawsuit, but they are treated like separate cases and may be tried separately.
Most eviction cases have two parts. On the Complaint you get from the court these are labeled the First and Second “Causes” or “Claims.” Although they are part of the same lawsuit, the court treats them like separate cases with separate trials.
First Cause: Eviction The landlord claims you no longer have the right to stay in your home. The landlord is asking for a court order to force you to leave.
Second Cause: Money The landlord claims you owe money. This is usually for back rent or damage you caused to the home.
The Court Process
The court will issue a summons to the tenant within 3-7 business days of filing. This summons informs the tenant of the upcoming hearing date and their right to contest the eviction. Tenants must receive the summons at least seven days before the scheduled hearing.
The summons is issued within 3 days from the day the complaint is filed if the eviction was related to illegal activity. For other types of eviction processes, it’s at least 7 days before the hearing.
At the eviction hearing, both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment. If the judge rules in the landlord’s favor, they will enter a judgment for the landlord’s restitution of the premises and require the tenant to cover the costs of the lawsuit (ORC § 1923.09(A)).
Evidence for the Hearing
The landlord has to provide a strong argument backed up by solid evidence against the tenant. Should the tenant fail to show up to the hearing, the landlord wins by default.
For nonpayment of rent cases, landlords should bring:
- The lease agreement
- Records of all payments
- Documentation of any payment returns
- All communications regarding rent
For lease violations, evidence may include:
- Security camera footage
- Videos or pictures of damages or violations
- Documentation of the specific lease terms that were violated
After Judgment
If the court rules in the landlord’s favor, they’ll issue a writ of execution. This legal document gives the tenant a final period (usually 10 days) to vacate the property voluntarily. If the tenant doesn’t leave, law enforcement can remove them and their belongings from the property.
A court official will watch while your landlord removes all of your stuff from the home and locks you out. It’s important to note that landlords cannot perform “self-help” evictions, such as changing locks, shutting off utilities, or removing the tenant’s belongings without a court order.
Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.
Prohibited Actions for Landlords
Self-help or illegal evictions are not allowed. The landlord can’t resolve to dirty, unlawful tactics when trying to evict a tenant.
What does this mean exactly? The landlord can’t change the locks; cut off essential utilities, like water, electricity, or heating; take or remove the tenant’s belongings without permission; spread rumors about the tenant; or refuse to repair something in the property that would otherwise make the place inhabitable.
Tenants in Ohio possess several important rights throughout the eviction process, including the following:
Written Notice: Landlords are required to provide a written notice outlining the reasons for eviction. This notice must give tenants an opportunity to address the issues or vacate the premises.
Right to a Hearing: Tenants have the right to a court hearing prior to eviction. During this hearing, they can present their case and contest the eviction.
Protection Against Self-Help Evictions: Landlords are prohibited from engaging in self-help eviction tactics. This means they cannot turn off utilities, change locks, remove doors or windows, or threaten tenants with any unlawful actions to force them out.
Timeline for an Ohio Eviction
The complete eviction process typically takes between 5 to 8 weeks from start to finish. Here’s a general timeline:
- Notice Period: 3-30 days (depending on the reason for eviction)
- Service of Summons: 7-23 days before the hearing
- Court Hearing and Judgment: At least 30 days
- Return of Rental Property: A few days to 10 days
It’s important to understand that the timeline can vary depending on the specific circumstances of the case, court backlog, and whether the tenant contests the eviction or files an appeal.
Common Eviction Mistakes to Avoid
Many evictions in Ohio are dismissed because landlords fail to follow proper procedures. Here are some common mistakes to avoid:
- Failing to provide proper written notice
- Not including the required language in the eviction notice
- Attempting “self-help” evictions by changing locks or shutting off utilities
- Not bringing proper documentation to the court hearing
- Not following the correct procedure for serving notices and court documents
Seeking Legal Assistance
The eviction process in Ohio can be complex and time-consuming, and mistakes can be costly. Working with an experienced landlord-tenant attorney can help ensure that you follow all legal requirements and protect your rights as a landlord.
Conclusion
Evicting a tenant in Ohio requires strict adherence to legal procedures. From serving the appropriate notice to following through with court proceedings and writ execution, each step must be handled correctly to ensure a successful eviction.
By understanding the legal requirements and following proper procedures, landlords can navigate the eviction process effectively while minimizing delays and complications. Remember that cutting corners can result in dismissed cases, legal liability, and further delays in regaining possession of your property.
If you’re facing an eviction situation or have questions about the process, don’t hesitate to contact our experienced landlord-tenant attorneys. We can provide guidance tailored to your specific situation and help ensure that your eviction proceeds smoothly and legally. Call us today to schedule a consultation and protect your investment property rights.
