Outline of the Eviction Process in Ohio

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: Ohio Rev. Code Ann. § 1923.01 to § 1923.15 (Forcible Entry and Detainer); § 5321.01 to § 5321.19 (Landlord and Tenant).

2. Notice to Quit

• Written Notice to Quit or Vacate served:
  • Non-payment: 3-day notice to pay or vacate.
  • Lease violation: 3-day notice to vacate (no cure unless lease allows).
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity or holdover: 3-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted on door.
• Tenant can cure by paying rent (within 3 days) or fixing violation (if lease permits).

3. Filing the Eviction Case

• File Complaint in Forcible Entry and Detainer in Municipal, County, or Common Pleas Court.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service.
• Fee: ~$100–$150 (varies by county).
• Timing: After notice period expires (e.g., 4th day for 3-day notice).

4. Serving the Summons and Complaint

• Bailiff, sheriff, or process server serves papers 7 days before hearing.
• Methods: Personal delivery, left with resident (age 16+), posted, or mailed (certified mail).
• Tenant has 7 days to file Answer or appear at hearing.

5. Court Hearing

• Held 14–21 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Execution if landlord wins.
• Appeal: 7 days to Court of Appeals (requires bond).
• Writ issued: ~7–14 days post-judgment; bailiff or sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Bailiff or sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Ohio Rev. Code Ann. § 1923.14.

8. Tenant Protections

• Rights:
  • Cure violations (3 days for rent, lease-dependent for others), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties include damages or reinstatement).
• Resources:
  • Legal Aid Society of Ohio (888-534-1432), ohiolegalaid.org, ohio.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local variations may apply.
• Sources: Ohio Rev. Code Ann. § 1923.01 to § 1923.15, § 5321.01 to § 5321.19; ohio.gov/courts; ohiolegalaid.org.

Eviction Process by State