Eviction in Ohio:

Ohio Eviction Laws

The Ohio Eviction Laws are found in Chapter 5321 of the Ohio Revised Code. As a landlord in Ohio, it is a good idea to review these every now and then.

Notice to Leave Premises

In the Ohio Eviction Process, the first step in Evicting a Tenant is serving the tenant with a Notice to Leave the Premises, commonly referred to as a 3 Day Notice. This Ohio 3 Day Eviction Notice gives the tenant 3 business days to leave the premises, or else the landlord can file an Eviction Lawsuit. Most tenants will comply with the demand in the 3 Day Notice, but some do not.

Forcible Entry and Detainer Lawsuit

Once a tenant has received a 3 Day Eviction Notice, has not complied, and 3 business days has expired, the landlord should file an Eviction Lawsuit called a "Forcible Entry and Detainer" lawsuit. The court will serve the lawsuit upon the tenant, and a hearing will be set as early as 7 days from when the tenant receives the lawsuit.

Go to the Hearing

The court will tell the landlord when the Eviction hearing will be. At the hearing, the landlord should bring proof that they delivered the 3 Day Eviction Notice (at minimum bring a copy of it), bring the lease, and bring any other witnesses or evidence needed. The landlord will have an opportunity to tell the judge why the tenant should be evicted (usually as simple as "they have not paid the rent"). The tenant, if they show up, will also have the opportunity to "tell their side of the story."

Order of Eviction

If the judge rules in favor of the landlord, the court will issue an order of eviction, usually giving the tenant 10 days to move.

Sheriff Removal

If the tenant does not leave after the time given in the Order of Eviction, the court will order the Sheriff or other peace officer to physically remove the tenant by force.

General Eviction Process Tips

When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.