How to Evict a Tenant in Ohio: A Quick Guide for Landlords

Ohio law protects both landlords and tenants under Ohio Revised Code 1923. If you choose to evict a tenant, therefore, you should make sure you comply with State Code, and with your local municipal code. Municipal codes do not conflict with state law, but they can add to them.

  • Tuesday, April 25, 2017

  General   Legal   Ohio   Eviction Guide   

Ohio state law protects both landlords and tenants under Ohio Revised Code 1923. If you choose to evict a tenant, therefore, you should make sure you comply with State Code, and with your local municipal code. Municipal codes do not conflict with state law, but they can add to them. For example, Cincinnati code allows for a "presumption of retaliation" in an eviction if certain conditions are met. If you want to evict a tenant for, for example, not paying rent, you must make sure you have not given the tenant a defensible reason for not paying.

There are certain reasons for evicting a tenant before the lease expires. These include:

  • Not paying rent on time
  • Violating lease terms and conditions.
  • Violating state drug laws and other criminal offenses.

The Eviction Process

Landlords may not perform a forced eviction; they must deliver a notice of intent to evict, and then apply for a court order. You must be able to prove the notices have been received by the tenant. If the lease agreement has expired, or the tenant is on month-to-month, then a simple 30 Day notice to quit is you require.

Non-Payment of Rent

You must issue a 3 Day Notice, so the tenant has 3 days to come up to date. If they do not, you may issue an intention to evict.

Other Reasons

Issue a notice demanding the action, or omission, is corrected within 30 days to avoid eviction.

Illegal Activity

Seek the advice of law enforcement or an attorney.

Issue the Notice

The notice must include all the usual identifiers - date, property address, tenant names, etc. And it must include the following:

"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.”

These words must be conspicuous in the notice. Then, file the Eviction Complaint with the Court. You may do this personally if you are the property owner, otherwise you should use an attorney.

  • You must submit the complaint, plus the 3 Day or 30 Day Notice, and the filing fee.
  • The court will serve the tenant with the summons, and arrange a hearing no earlier than 7 days from the summons.
  • If the tenant does not appear, the court will decide in their absence.
  • Both parties have the right to a jury trial.
  • If the court finds in your favor, the tenant will have 10 days or less, depending on the particular court, to vacate.
  • If the tenant does not move out, or does not remove all personal property, you must seek help from a bailiff or law enforcement officer to remove persons and property. Landlords pay for this service.

Keep reading us at VerticalRent as we explore all U.S. eviction laws.

DISCLAIMER:

VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.

Our platform is designed to provide landlords and property managers with an education portal to share ideas, connect with one another, screen applicants, collect rent online, advertise vacancies, and generate free landlord forms.To that extent, our blog and community often publishes general information on legal issues commonly encountered by landlords – such as evicting tenants.

Although VerticalRent takes every reasonably effort possible to ensure the accuracy of its consumer reports and landlord forms, we do not guarantee or warrant the information to be correct, complete, or up - to - date.The law changes rapidly in across the United States, from jurisdiction to jurisdiction.

Finally, it should be noted that VerticalRent is not responsible for any loss, injury, claim, damage, or liability related to the use of our landlord forms or consumer reports generated from this platform.


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