Do you know how to evict a tenant in Ohio? Hopefully, you never have to do this as a landlord, but there’s no guarantee. It’s all part of managing a rental property.
Regardless of the reason for eviction—from missed payments to property damage—there are key steps to take.
The Many Steps to Evict a Tenant in Ohio
Below, we outline the steps you must take to evict a tenant within the legal limits of the law.
Step 1: Provide Proper Notice to the Tenant
Before filing an eviction lawsuit, landlords must provide tenants with written notice to vacate. The type of notice required depends on the reason for eviction.
- Nonpayment of Rent: If the tenant has failed to pay rent, you must provide a 3-day notice to vacate before filing for eviction. The notice must clearly state:
- The tenant has three days to vacate the premises.
- No additional notice is required before filing an eviction lawsuit.
- The exact wording “You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you.” must be included.
- Lease Violations: For violations such as unauthorized occupants, excessive damage, or illegal activity, landlords must provide a 3-day notice to vacate before filing an eviction lawsuit.
- Month-to-Month Tenancy Termination: If the tenant is renting on a month-to-month basis, landlords must provide a 30-day notice before ending the lease.
- How to Deliver the Notice: Ohio law allows landlords to hand-deliver the notice, leave it at the tenant’s residence, or send it via certified mail.
If the tenant does not leave after the notice period, the landlord can proceed with filing an eviction lawsuit.
Step 2: File an Eviction Lawsuit (Forcible Entry & Detainer Action)
If the tenant fails to vacate after receiving proper notice, the landlord must file a Forcible Entry and Detainer Action in the local Municipal or County Court where the rental property is located.
- Filing the Complaint: The landlord must complete an eviction complaint form and submit it to the court, along with a copy of the lease (if applicable) and proof that the proper notice was given.
- Pay the Filing Fee: Court fees typically range from $100 to $150, but costs vary by county. Additional fees may apply if requesting a writ of restitution later.
- Service of Summons: Once the lawsuit is filed, the court will issue a summons requiring the tenant to appear for a hearing. The summons is delivered to the tenant by the sheriff, bailiff, or certified mail.
- Hearing Date: In Ohio, eviction hearings are typically scheduled within 7 to 14 days after filing.
If the tenant does not respond or appear in court, the landlord may receive a default judgment in their favor.
Step 3: Attend the Eviction Hearing
Once the eviction hearing is scheduled, both parties have the opportunity to present their case in front of a judge.
- Prepare Your Evidence: The landlord should bring:
- A copy of the lease agreement (if applicable).
- The notice to vacate and proof of delivery.
- Records of missed rent payments or lease violations.
- Photos, emails, or communications proving the tenant breached the lease.
- Tenant’s Right to Defend: The tenant may argue against the eviction, claiming the notice was improper, rent was paid, or repairs were not made as required.
- Judge’s Decision: If the judge rules in favor of the landlord, the tenant will have seven days to move out voluntarily.
- Appeals: The tenant has the right to appeal, which can extend the process further.
If the tenant does not leave within seven days, the landlord can request a writ of restitution to legally remove them.
Step 4: Obtain a Writ of Restitution (If Necessary)
If the tenant refuses to leave after the court order, the landlord must take additional legal action to regain possession of the property.
- Requesting the Writ of Restitution: After the seven-day waiting period, the landlord can file for a writ of restitution with the court.
- Sheriff or Bailiff Enforcement: Once the writ is issued, the county sheriff or bailiff will deliver a 24-hour notice to the tenant. If they do not leave, the sheriff will return to physically remove them and their belongings.
- Handling Tenant’s Property: In Ohio, landlords must give the tenant reasonable time to collect their belongings. If the tenant abandons their property, the landlord may be required to store it temporarily.
- No Self-Help Eviction: Landlords cannot lock out tenants, shut off utilities, or remove their belongings without a court order. Doing so is illegal and may result in penalties.
Once the sheriff enforces the writ, the landlord can legally retake possession of the rental unit.
Step 5: Regain Possession of the Property
After successfully evicting a tenant, the landlord must take steps to secure the property, assess damages, and prepare it for future renters.
- Change the Locks: Once the sheriff has removed the tenant, immediately change the locks to prevent unauthorized access.
- Inspect for Damage: Conduct a thorough walkthrough and document any damages beyond normal wear and tear with photos and videos.
- Handle Abandoned Property Properly: Ohio requires landlords to store abandoned belongings for a reasonable period before disposal. Check local ordinances for specific requirements.
- Return or Deduct Security Deposit: Landlords must provide an itemized security deposit deduction statement within 30 days if any funds are withheld for damages.
- Prepare for a New Tenant: After cleaning and repairing the property, relist the unit and begin the screening process for a new tenant.
How to Avoid Eviction
The eviction process isn’t one that you want to tackle. It’s one that you want to avoid at all costs. So, before you head down this path, here are some alternatives to consider.
1. Open Communication with the Tenant
Many issues can be resolved through direct discussion before filing an eviction lawsuit.
- Offer a repayment plan if the tenant is struggling with short-term financial issues.
- Remind the tenant of their lease obligations and try to resolve the problem informally.
- Send a warning letter stating that eviction will be pursued if the issue is not corrected.
2. Cash for Keys Agreement
Instead of evicting a tenant, landlords may offer cash in exchange for a voluntary move-out.
- This avoids legal fees and accelerates the turnover process.
- A written agreement should specify the move-out date and payment terms.
3. Mediation Services
Landlords and tenants may use professional mediation to settle disputes outside of court.
- Mediation can resolve rent disputes, lease violations, or repair conflicts.
- It is cheaper and faster than a formal eviction process.
4. Lease Non-Renewal
For tenants on month-to-month leases, landlords can simply issue a 30-day notice instead of evicting.
- This avoids court involvement and lets the lease expire naturally.
- No formal eviction record will appear for the tenant.
You don’t have to experiment with all of these, but it’s a good idea to consider those with the best chance of helping prevent eviction proceedings.
Ohio Eviction Frequently Asked Questions
Here are some common questions about evicting a tenant in Ohio, along with answers to provide guidance.
Can I evict a tenant in Ohio during the winter months?
Yes, Ohio law allows evictions year-round, including in winter. However, some courts may be more lenient if extreme weather conditions make relocation difficult.
What if my tenant moved out but left behind personal belongings?
Ohio law requires landlords to give tenants a reasonable time to collect abandoned belongings. If items remain unclaimed, you may need to store or dispose of them according to local regulations.
Can I evict a tenant for making too much noise?
If excessive noise violates the lease agreement, you can issue a 3-day notice to vacate for breach of lease. If the tenant does not correct the behavior or leave, you may proceed with an eviction lawsuit.
Can I refuse to renew a lease instead of evicting a tenant?
Yes, if the lease is month-to-month, you can issue a 30-day notice of non-renewal without stating a reason. For fixed-term leases, you are not required to renew once the contract expires.
What happens if a tenant damages my property during the eviction process?
If a tenant causes damage beyond normal wear and tear, you can deduct repair costs from the security deposit. If damages exceed the deposit amount, you may take legal action to recover the costs.
Can I evict a tenant for subletting without permission?
If the lease prohibits subletting and the tenant does so without approval, you can issue a 3-day notice to vacate for lease violation. If the tenant refuses to comply, you can file for eviction in court.
How long does an eviction stay on a tenant’s record in Ohio?
An eviction remains on a tenant’s record for at least seven years and may impact their ability to rent in the future. Some landlords may still approve tenants with past evictions if they demonstrate improved financial responsibility.
Final Thoughts
Now that you know how to evict a tenant in Ohio, you should be confident in your ability to take the right steps.
Once the process is complete, you can consider your options. These could include finding a new tenant, leaving your property vacant for the time being, or selling it to avoid landlord-related stress in the future.
