Evict a Residential Tenant in Ohio

Although disagreements between a landlord and tenant can often be resolved without legal action, there are times when a landlord has little or no choice but to resort to eviction as a remedy. The eviction process in Ohio is designed to be relatively quick. However, in order to successfully evict a tenant, it is important to follow the proper procedure. Here goes some assistance with understanding the requirements for evicting a residential tenant in Ohio.

Steps

Understanding Ohio Landlord Tenant Law

  1. Understand your obligations as a landlord. The process for evicting a tenant in Ohio is governed by the Ohio Revised Code, which also governs your obligations as a landlord. Regardless of whether you have a written lease, landlords are bound by certain obligations under Ohio law. Understanding these obligations is important because your failure to comply could be the basis for why your tenant has not paid rent on time or at all. Ohio law requires landlords to:[1]
    • Comply with housing, building health and safety codes.
    • Conduct the necessary repairs required to maintain a livable condition for tenants.
    • Provide running water, as well as reasonable amounts of heat and hot water.
    • Provide and maintain services necessary for proper trash disposal.
    • Ensure that all common areas are sanitary and safe.
    • Follow proper eviction procedures.
  2. Check your municipal code. Most cities have their own municipal codes that can differ from state law. Check your municipal code to see if there are any differences pertaining to landlord tenant issues. Be aware that Ohio state law does not allow a municipal code to exist if it conflicts with state law or if the municipal code regulates issues that are already regulated by state law.[2] For this reason, most municipal codes will not depart from state law in any substantial manner.
    • However, the Cincinnati Code of Ordinances does provide a presumption of retaliation in an eviction if certain thresholds are met.[3] The same presumption does not exist under state law.
  3. Review the lease you have with the tenant. Review your lease to see when it ends. If the lease is up soon, you might be able to get the tenant to move out without evicting, which would allow you to lease the unit to someone else so that you can begin to receive rental income. Understand the legal relationship you have with your tenant in order to ensure that your tenant’s reason for nonpayment is not covered by the lease.[4]
    • Tenant’s have the right to withhold rent when the conditions of the premises are in violation of the law, legal codes or the rental agreement. The tenant must first send written notice to the landlord that outlines the specific omissions, acts or code violations that have given rise to the violation. The tenant can withhold rent if the landlord does not fix the condition(s) given rise to the violation within a reasonable amount of time.
  4. Protect yourself from legal recourse. Understand that a tenant can only be evicted prior to the termination of the tenant’s lease for certain acts or omissions. These grounds for eviction include, but are not limited to:[5]
    • Failure to pay rent.
    • Failure to comply with any other terms of the lease. Typical lease term violations relate to the number of occupants allowed for a leased premises, the use of leased premises for commercial and residential purposes, as well as alterations to the leased premises without the landlord’s/owner’s consent.
    • Violation of Ohio drug laws (i.e. the use or sell of drugs while on the leased premises) by the tenant, the tenant's household members or guests.
    • Violation of the tenant's statutory obligations under Ohio law, where such violation affects health and safety and corrections have not been made after 30 days notice.
  5. Do not engage in “self-help” measures. A landlord may not change the locks or cancel utilities to the residence as a way to encourage a tenant to leave. A landlord also cannot withhold services or access to the rental property as a means to encourage rent payment.[6]

Filing an Eviction Complaint

  1. Consider whether to consult a lawyer. There are free resources available from courts and various organizations to help educate landlords and tenants about eviction proceedings. Failure to follow the proper eviction procedures could seriously undermine a landlord’s chance of success, or, at the very least, make the process take a lot longer than it otherwise would have. Therefore, landlords should seriously consider whether to consult an attorney before beginning the eviction process. See Find a Good Attorney for information on finding a lawyer.[1]
  2. Provide the tenant with notice to vacate. Before filing an eviction action with an Ohio court, written notice must be provided to your tenant. When you are evicting because of nonpayment of rent, notice can be given at least three days before filing, while for other nonpayment reasons the tenant must be given thirty days notice in order to have a chance to correct the violation before eviction proceedings can be started (however, most courts will still require a 3-day notice to be filed at the end of the 30-day notice).[7]
    • Notice should be given to the tenant personally. Notice can be left at the tenant’s residence, or sent to the tenant by certified mail along with return receipt requested so that you have proof of notice that can be provided in court.
    • This notice must include the following language, printed or written conspicuously: “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.”
  3. Wait at least three business days before instituting court eviction proceedings. The tenant is not required to move out during this time. If the tenant does not vacate and the issue(s) giving rise to the Notice to Leave are not resolved within the three days, the landlord may file eviction proceedings.[7]
  4. File an eviction complaint with the court. An eviction action is more formally referred to as an Action for Forcible Entry and Detainer. As an example, the Middletown Municipal Court has a form for an Action for Forcible Entry and Detainer in its "eviction packet". Other courts may have their own forms.[8]
    • You can file an eviction complaint without the assistance of an attorney if you are the deeded owner of the rental property.
    • To file the action, the landlord must give the clerk of the court the eviction complaint, a copy of the Three-Day or Thirty-Day Notice, and the filing fee. After the action is filed, the court will serve the tenant with a summons and the complaint.
  5. Complete the court process. A hearing will be scheduled no earlier than seven days after service of the summons and complaint on the tenant.[9]
    • If the tenant fails to appear at the hearing, the landlord will likely receive a default judgment in his or her favor.
    • Both parties have the right to request a jury trial.
    • If the landlord receives a default judgment, or the tenant appears and the court finds in favor of the landlord, the tenant will have up to 10 days to remove all personal property from the premises. Some courts allow less time for the move-out date.
    • If the tenant does not remove the property within the court-ordered time a landlord may request a court bailiff or law enforcement personnel to remove a tenant’s personal property to the curb or to storage, depending on the jurisdiction. The landlord typically has to pay a fee for this service.

Warnings

  • Tenants under a month-to-month or week-to-week lease can often be evicted with proper notice – 30 days for a month-to-month lease and seven days for a week-to-week lease.
  • These steps assume that there is a written residential lease for a specified term, such as for one year or longer.
  • There are additional requirements for evicting tenants from federally subsidized housing.

Sources and Citations

  1. ↑ 1.0 1.1 https://www.ohiobar.org/forpublic/resources/lawfactspamphlets/pages/lawfactspamphlet-11.aspx
  2. ↑ http://codes.ohio.gov/orc/5321
  3. ↑ https://www.municode.com/library/oh/cincinnati/codes/code_of_ordinances?nodeId=TITVIIIBURE_CH871LANARE
  4. ↑ http://codes.ohio.gov/orc/5321.07
  5. ↑ http://codes.ohio.gov/orc/1923
  6. ↑ http://www.biggerpockets.com/renewsblog/2011/12/04/self-help-evictions-never-do-landlord/
  7. ↑ 7.0 7.1 http://www.rrcourt.net/WebForms/CivilForms/Request%20Tenant%20to%20Leave%203%20Day.pdf
  8. ↑ http://www.cityofmiddletown.org/docs/court/eviction_packet.pdf
  9. ↑ https://www.ghmc.org/ui_evictions.asp
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