Eviction notices in Ohio are the legal documents used to evict a legal tenant and return the right of possession to the landlord.
Ohio eviction laws have established a balanced and fair approach which makes it difficult for a landlord to serve such notices without the required legal backing.
As such, it’s important for both parties to the rental agreement to effectively understand the eviction process in the State of Ohio.
For one, it will help the landlord avoid illegal practices that would result in substantial legal consequences. It will also help the tenants prevent wrongful tenancy termination by allowing them to defend against evictions and protect their rights.
In this article, we’ll cover various types of eviction notices, and the legal process of eviction in the State of Ohio.
Up-to-Date Eviction Laws in Ohio for 2024
The primary legislation that governs eviction notices in Ohio is the Ohio Revised Code, particularly Sections 1923 and 5321.
Under Ohio eviction laws, eviction claims can be filed in two ways – First and Second Claims.
The First claim usually deals with possession of the rental unit, while the Second claim deals with monetary actions relating to unpaid rent or damages caused by the tenant. Most often, both claims are tried differently, but they are still part of the same lawsuit.
According to ORC § 5321.03, a landlord may commence an eviction process when;
- The tenant fails to pay rent;
- The tenant’s negligence or action, or any person under him, caused a violation of any applicable building, housing, health, or safety code;
- The rental unit requires alteration, remodeling, or demolition to comply with applicable codes;
- A tenant is holding over after lease termination;
- The tenant has been convicted or guilty of sex or child-victim offense, and still resides within 1000 feet of any school premises, whether preschool, child care center, children’s crisis care facility, or residential infant care center. In this case, the tenant’s name must be listed in the state registry of sex offenders and child victim offenders.
Under ORC § 5321.031, a college or university student can also be evicted for violating the rental agreement or the school rules and regulations.
The rental agreement should specify the method of eviction, such as the notice requirements. However, the student should have the right to be heard and the right to receive a notice.
- Illegal Activity:
As defined under Chapter 2925, a landlord can evict a tenant if he has actual knowledge or reasonable cause to believe that the tenant has engaged in illegal drug activity on the rental premises, or where the landlord has knowledge of a search warrant executed against the tenant.
Examples of these illegal activities are;
- Drug trafficking
- Illegal manufacturing of drugs
- Possession of controlled substances
- Permitting drug abuse or possession of drug abuse instruments
- Unlawful sale of drugs, etc.
In this case, the landlord must send an unconditional 3 day eviction notice under Ohio laws. This notice must inform the tenant to vacate the rental unit, without any right to remedy the violation. – ORC § 5321.17(C).
This provision applies whether or not the tenant has pleaded guilty or convicted of a drug-related crime. It also applies to any person acting under the command or consent of the tenant.
- Health and Safety Violations:
According to ORC § 5321.05, a tenant must;
- Maintain the rental unit in a safe and habitable condition;
- Dispose of all garbage and waste in a conducive manner;
- Cleanly use and maintain the plumbing fixtures in the unit;
- Properly use and operate the plumbing and electrical fixtures;
- Comply with the applicable state and local housing, health, and safety codes;
- Properly use and maintain all appliances in the unit; and
- Avoid disturbing the peaceful enjoyment of other tenants, landlords, or neighbors.
Types of Rental Agreements in Ohio
There are various types of rental agreements in Ohio. These are;
- Standard Residential Lease Agreements: This is a legally binding contract between the landlord and tenant. It outlines the specific terms and conditions for renting the residential property, such as; rent amount, duration of lease, utilities maintenance, security deposits, etc. In this type of rental agreement, the landlord has the right to collect rent, keep the rental unit in a habitable condition, collect security deposits, access the rental property, evict the tenant, etc. The tenant also have the right to possess the rental unit, pay rent, responsibly use the rental, receive a return of security deposits, comply with the lease terms, etc.
- Month-to-Month Leases: Also known as periodic tenancy, this is a type of agreement that operates on a monthly basis, i.e., no fixed term. In this case, the tenant pays rent every month, and as such, the tenancy automatically renews itself every month. Both parties can terminate the tenancy by notice (usually a 30-day eviction notice).
- Sublease Agreements: This is a legally binding agreement that allows the original tenant (sublessor) to rent part or all of the rental property to another subtenant (sublessee). The landlord has the right to consent to such arrangement before it is done, and the sublessor (original tenant) is liable to the landlord for any property damage, rent payment, and rental maintenance. Also, the sublessor must comply with regulations and lease agreements, and ensure that the subtenant (sublessee) does the same.
- Roommate Agreements: This is a contract (typically written), between two or persons living in the same space. The agreement outlines their rights and responsibilities regarding rent, chores, utilities, and others. This type of agreement does not directly affect the landlord, except where it involves lease violation or property damages.
- Commercial Leases: For this type of rental agreement, the lease is established for renting a commercial space, such as offices, factories, retail shops, etc. In this case, both parties must adhere to the lease agreement, particularly where it relates to property maintenance, regulations, etc. Commercial spaces usually have lots of maintenance needs. Some landowners usually specify how much usage they can allow on the property.
- Rent-to-Own Agreements: This is a rental agreement that allows the tenant to rent the property with the option of purchasing it at a future date. At the time of sale, both parties must adhere to the predetermined agreements regarding the purchase of the property. It is also important for the tenant to maintain the property.
Grounds for Eviction in Ohio
In Ohio, the landlord must have a legal cause before evicting a tenant from the rental unit. However, these causes (grounds) determine the type of eviction notice the landlord must serve.
Here are the various grounds for eviction in Ohio;
- Failure to Pay Rent:
According to ORC § 1923.04 (A), if a tenant defaults in payment of rent, the landlord can serve a 3 day eviction notice under Ohio laws.
The notice must inform the tenant to vacate the rental unit, or an action will be brought against such tenant.
In this State, rent is considered late a day past its due date. For example, if the rent is due on the 1st of September, it is considered late if it remains unpaid by the 2nd of September.
However, the lease agreement may contain a grace period which the landlord must acknowledge.
- Violation of Lease Terms:
Lease agreements vary from party to party, however, each party of the contract must adhere to its provisions.
Aside from the provisions of Section 5321.05, a landlord can evict a tenant for violation of the terms of the lease.
Examples are;
- Smoking in a non-smoking premise
- Keeping pets where it is not allowed on the premises
- Damage to the rental premises
- Subletting without the landlord’s consent, etc.
Under ORC § 1923.04 (A), if a tenant fails to comply with the provision of the lease agreement, the landlord can serve a 3 day eviction notice in Ohio. The notice must inform the tenant to vacate the rental premises or an action will be filed against him/her.
- Illegal Activity:
As defined under Chapter 2925, a landlord can evict a tenant if he has actual knowledge or reasonable cause to believe that the tenant has engaged in illegal drug activity on the rental premises, or where the landlord has knowledge of a search warrant executed against the tenant.
Examples of these illegal activities are;
- Drug trafficking
- Illegal manufacturing of drugs
- Possession of controlled substances
- Permitting drug abuse or possession of drug abuse instruments
- Unlawful sale of drugs, etc.
In this case, the landlord must send an unconditional 3 day eviction notice under Ohio laws. This notice must inform the tenant to vacate the rental unit, without any right to remedy the violation. – ORC § 5321.17(C).
This provision applies whether or not the tenant has pleaded guilty or convicted of a drug-related crime. It also applies to any person acting under the command or consent of the tenant.
- Health and Safety Violations:
According to ORC § 5321.05, a tenant must;
- Maintain the rental unit in a safe and habitable condition;
- Dispose of all garbage and waste in a conducive manner;
- Cleanly use and maintain the plumbing fixtures in the unit;
- Properly use and operate the plumbing and electrical fixtures;
- Comply with the applicable state and local housing, health, and safety codes;
- Properly use and maintain all appliances in the unit; and
- Avoid disturbing the peaceful enjoyment of other tenants, landlords, or neighbors.
If a tenant fails to fulfill the following obligations imposed by eviction laws, the landlord must serve a 30 day eviction notice in Ohio.
This notice must inform the tenant about a particular breach of duty, what is required to remedy it, and the date the tenancy agreement will terminate if not remedied. – ORC § 5321.11
Types of Ohio Eviction Notice Forms
There are various types of eviction notices in Ohio. These notices have been further categorized into two parts: eviction with cause and eviction without cause.
Eviction with cause simply means the act of commencing the Ohio eviction process with a legal reason (cause). However, for the latter, the landlord does not necessarily need to have a reason to evict a tenant.
Both parts will be effectively explained further below.
Eviction Notices with Cause
In Ohio, the landlord must have a just cause (valid reason) before commencing an eviction process.
These reasons may include a lease violation, failure to pay rent, engaging in illegal activity, or violating health and safety regulations.
However, irrespective of the reason for the eviction, all notices must comply with the provision of ORC § 1923.04. This provision states that all eviction notices 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.”
As per the preceding, if the tenant fails to vacate the rental unit before the notice period elapses, the landlord can file a lawsuit against the tenant.
In case of a lawsuit, the landlord must use all necessary documents when evicting a legal tenant. If the eviction is for a lease violation, the landlord must have evidence (witnesses, pictures, videos, etc.) to show for it.
Under the Ohio eviction laws, here are the following types of eviction notices in Ohio;
3-Day Eviction Notice in Ohio
This type of notice is issued when the tenant fails to pay rent or violates the lease agreement. Ohio eviction laws did not specify whether or not the landlord can allow the tenant to remedy the default. As such, the landlord can discretionary decide to give the tenant the chance to remedy the default or not. This 3-day countdown does not include weekends and holidays.
30-Day Eviction Notice in Ohio
This eviction notice in Ohio is given where the tenant has breached a material provision relating to health and safety. In this case, the tenant has the right to remedy the breach before the notice period (not less than 30 days from the receipt of the notice) elapses. This 30-day countdown includes weekends and holidays.
Unconditional Eviction Notice
An unconditional eviction notice is issued when the tenant engages in illegal activity on the rental premises. These acts include committing illegal drug activity, allowing a sex offender to stay on the premises which is 1000 feet away from a school, etc. In this case, the tenant does not have the right to remedy the default. He or she can only vacate the rental unit or risk facing a lawsuit.
Additionally, according to Ohio eviction laws, the tenant can be served by the landlord through the following methods; by certified mail with a return receipt requested, hand delivery, or by leaving it in the tenant’s usual place of abode or residence.
Eviction Notices without Cause
Although it’s important for a landlord to have a just cause before evicting a tenant, there are other circumstances where the landlord does not need to have a cause.
In this case, the landlord can evict a tenant at the end of the tenancy term. The landlord does not need to have a cause but, in some cases, must serve an eviction notice.
This eviction notice in Ohio would inform the tenant of the landlord’s intention not to renew the tenancy agreement, thereby leading to its termination.
For a week-to-week tenancy agreement, the landlord must serve an eviction notice 7 days before the termination date specified in the notice. But for a month-to-month tenancy, the landlord can serve a 30 day eviction notice before the periodic rental date. – ORC § 5321.17
However, in cases of fixed-term tenancies (such as yearly rentals), the landlord doesn’t need to serve a notice telling the tenants to move out once the term expires. The landlord can reasonably expect the tenants to move out once the tenancy agreement expires.
But where the lease agreement requests for it, the landlord is obligated to give notice to a fixed-term tenant.
Additionally, under Ohio eviction laws, if the tenant fails to leave the rental unit after the tenancy agreement expires, they become holdover tenants. In this case, the landlord can serve an eviction notice based on the duration of the lease agreement. The landlord can also commence an eviction process in Ohio for tenants with no lease.
In a case, where the tenant remains in the rental unit after the notice period elapses, the landlord moves ahead to file an action against the holdover tenant.
Eviction Process in Ohio: How to Evict a Tenant from Your Premises
Step 1: Landlord Issues an Eviction Notice
The first step to commencing an eviction process in Ohio is by serving an applicable eviction notice. The notice must specify the reason for the eviction and other important information.
After serving the notice, it’s important for the landlord to get copies of notices (signed by the tenant), as proof of service.
This would help in the event of a lawsuit, to prove that the landlord had followed the eviction procedure under Ohio eviction laws.
Step 2: Landlord Files an Eviction Lawsuit with the Court
If the tenant fails to pay the rent or remedy the violation (where applicable) before the notice period expires and remains in the rental unit, the landlord will file an eviction lawsuit.
The landlord will file a complaint at an Ohio County Court, Municipal Court, or Court of Common Pleas. The complaint must include the parties’ information, description of the rental property, ground for eviction, etc. Here’s an example.
After filing the complaint, the landlord is required to pay the prescribed fee, which may vary by county. The average fee for municipal courts is $195, but for the Court of Common Pleas, it will be around $341.
For example, in Franklin County Municipal Court, the first cause of action costs $123, while the second costs $160
The landlord may require the following when filing a complaint at the court.
- Original eviction complaint;
- Copy of Notice to Leave; and
- Two additional copies of the Complaint and Notice to Leave for each tenant evicted.
Each court may specify its own filing requirements.
Step 3: The Court Serves the Tenant the Summons and Complaint
After filing a complaint, the court will issue a Summon which shall be served upon the tenant.
The Summon shall state the date and time for the court hearing, the tenant’s rights, whether such tenant needs to deposit rent to the court pending the hearing, etc.
Under ORC § 1923.06(B), the Summon must include the following;
“A complaint to evict you has been filed with this court. No person shall be evicted unless the person’s right to possession has ended and no person shall be evicted in retaliation for the exercise of the person’s lawful rights. If you are depositing rent with the clerk of this court you shall continue to deposit such rent until the time of the court hearing. The failure to continue to deposit such rent may result in your eviction. You may request a trial by jury. You have the right to seek legal assistance. If you cannot afford a lawyer, you may contact your local legal aid or legal service office. If none is available, you may contact your local bar association.”
For non-illegal eviction grounds, a copy of the Complaint and Summons must be delivered to the tenant at least seven days before the hearing, and the hearing will be set at least seven days after.
However, for illegal evictions, a copy of the Complaint and Summons must be delivered to the tenant within 3 working days of filing the complaint, and the hearing will be set no later than the thirtieth calendar day after the summons has been served.
In this case, the clerk of the court can through the Sheriff of the county, the Baliff of the court, or an uninterested party serve the documents to the tenant through ordinary mail service.
It can also be served by;
- Personal Service: By giving the copy of the documents to the tenant himself;
- Substituted Service: If the above can not be achieved, the documents can be left with a person of suitable age and discretion found in the tenant’s residence.
- Posting: If the two above methods can not be achieved, by leaving the documents in a conspicuous place in the tenant’s residence.
Five days after serving the tenant, the process server (Sheriff, Bailiff, or uninterested party) must return the process to the clerk as proof that the documents were properly delivered.
The copy of the Summon and Complaint must be delivered to the tenant within the timeframe specified by Ohio eviction laws.
Step 4: Tenant Reviews the Summons and Files an Answer
During Ohio eviction processes, the tenant is not required to file an answer to the complaint of the landlord. However, the tenant can rely on any of the defenses below to invalidate the claims of the landlord in trial. – ORC § 1923.051(2)(B)
Step 6: Landlord and Tenant Attend Court Hearing and Receive Judgment
On the date of the hearing, both parties must make an appearance in court. If the tenant fails to show up for the hearing, the court will continue the suit as though the tenant is present.
The burden of proof lies on the landlord to establish a strong argument with valid evidence. The tenant must also rebut the claims of the landlord to win the suit.
The court will hear the argument on both sides, and make a ruling based on the discretion of the judge and the provision of Ohio eviction laws.
Either party may request a jury in the suit. Either side may request a continuance (extension) of no longer than 8 days, but it can not be allowed if the tenant does not make an appearance at the hearing.
If the suit favors the tenant, he may be allowed to remain in the rental property and the landlord will cover the cost of the proceedings.
However, if the landlord wins the lawsuit, a Writ of Restitution will be issued, and the tenant will cover the cost of the proceeding.
Tenant Defenses and Legal Protections in Court
The tenant can rely on the following defenses against the landlord during the court trial;
- Failure to receive proper notice: Serving the proper eviction notice in Ohio is very important. If the landlord fails to deliver the right notice or does not wait long enough before filing the eviction lawsuit, the tenant may use such default to invalidate the eviction process. For example, if the tenant defaults in payment of rent, and the landlord serves a 2-day notice rather than the required 3-day eviction notice under Ohio law, it can affect the landlord’s claim for eviction. In this case, the case may be dismissed and the landlord will have to restart the entire eviction process.
- Retaliation by landlord: Under Ohio eviction law, it is illegal for a landlord to evict a legal tenant in retaliation to a legal act exercised by him/her. Examples of these legal acts are; reporting a housing or building code violation, joining a tenant’s union, requesting repairs, etc. Therefore, in an instance where the tenant reports a building violation of the rental to a law enforcement agency, the landlord can not for that reason choose to evict the tenant. If this is proven, it will affect the eviction process.
- Discriminatory practices: It is illegal when commencing an eviction process in Ohio, for the landlord to evict a tenant based on his gender, religion, nationality, race, disability, etc.
- Self-Help Evictions: In a claim for possession of the rental unit, it is illegal for a landlord to turn off the utilities, prevent entry, threaten, or seize the property of the tenant. Where found guilty of any of these, the landlord may be liable for any damages and reasonable attorney fees in a civil suit against the tenant. –ORC § 5321.15
Step 7: Court Issues Writ of Execution: Tenant Has 10 Days to Vacate Premises
If the landlord wins the lawsuit, the court will issue a writ of execution on request by the landlord. The writ is a final notice to the tenant to leave the rental premises.
The writ is given to a law enforcement agency for enforcement. The agent will post the writ on the tenant’s residence, informing him to move out of the premises or be forcibly led out.
After posting, the tenant gets only 10 days to leave the rental premises.
Step 8: Tenant Faces Forced Removal After 10-Day Deadline
If the tenant remains in the rental after the 10 days have elapsed, the law enforcement agency will return to the premises to forcibly remove such tenant.
Once the tenant is removed, the possession of the property will be returned to the landlord.
Ohio eviction laws did not give clear specifics on whether a landlord should hold on to the personal property left behind by the tenant.
However, the landlord can choose to hold on to the property for a reasonable period and dispose of it if it remains unclaimed by the tenant. The proceeds from the disposal can be used to clear any debts or damages caused by the tenant.
Eviction Notice by States
Choose the state where your rental property is located:
FAQs
Ohio eviction process takes from 5 – 8 weeks in total. However, the particular circumstances of the case may affect the total time for the eviction process. For questions like – how long does eviction take in Ohio, read this guide for a detailed breakdown of the time segment.
The first step is to serve an eviction notice following Ohio laws. After serving the notice, it is followed by an eviction lawsuit if the tenant fails to heed the notice, then, service of process, court hearing, and judgment. The judgement may however be appealed.
The total cost of evicting a tenant in Ohio ranges from $295 – $430. This cost does not include other considerations such as legal fees, post-eviction fees, etc.
An attorney is important when evicting a legal tenant in Ohio. This will help safeguard the party’s rights and ensure that the process duly follows the acceptable procedures.
Illegal eviction refers to any eviction method that is illegal, wrongful, and unacceptable under Ohio eviction laws. These include; self-help evictions, retaliatory evictions, discriminatory evictions, etc.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
You must be logged in to post a comment.