Ohio evictions can be a lengthy process that, if not done within the specific confines of the Ohio Eviction Statute, can cost you a lot of time, money, and aggravation.
If you have any questions about the Fairfield County Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager, please contact Jonathan J. Schlegel, Esq, your local Lancaster, OH Kick’em Out Quick® Member Eviction Attorney for a Free Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
If you would like to learn more about how to evict a tenant, a Free – Ohio Tenant Eviction Process Explanation is provided below.
1. Terminate the Tenancy
Prior to instituting an eviction of a residential tenant in Ohio, the lease must have expired or the landlord must terminate the tenancy. The manner in which a tenancy is terminated depends on the type of tenancy between the parties and the reason for the eviction.
If a tenant resides at property under a written lease, the tenancy may terminate on a specific date eliminating the need to send a written notice to quit terminating the lease. However, if by the terms of the lease, the lease converts to a tenancy-at-will, then a written notice to quit is required. If a tenant resides at a property as a tenant-at-will, whether under a written or oral agreement, the tenancy must be terminated by serving a written notice to quit.
The amount of time a landlord must give a tenant under a notice to quit varies depending on the reason the lease is being terminated. For most violations of a lease, a rental period notice to quit must be given. While these are more commonly referred to as a thirty-day notice to quit, that title can be misleading. While giving the tenant thirty days notice is sometimes sufficient under the law, the actual requirement is to provide notice that encompasses an entire rental period.
When the termination of the lease is for non-payment of rent, only a three-day notice to quit is required, unless the lease agreement between the parties states otherwise.
The notice to quit will require specific language. Ohio statute demands that every 3-day notice includes the words: “You are being asked to leave the premises if the violation is not cured. If you do not leave or cure the violation, 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.” This language must be included in a bold and large typeface according to statute.
Failure by a landlord to properly terminate the lease, is one of the quickest and easiest ways to have an eviction case dismissed once it is filed. Which type of notice to quit and what the notice must say depends on the facts of each case. In order to ensure the notice to quit is proper, it is best to have it done by an experienced attorney who is familiar with laws in Ohio.
2. Filing the complaint and service
Once the notice period has ended and the tenancy has been properly terminated, a landlord (or their attorney) must file their eviction complaint. The complaint is served by the court and will generally provide the landlord & tenant with a hearing date within three to six weeks although it is not uncommon for the courts to have a longer schedule.
It is important not to delay in the filing of paperwork and it is equally important to follow all statutory procedures. Failure to adhere to all statutory requirements could set you back a month and require that you file a new complaint and delay the eviction by as much as an extra month or two.
A hearing will be scheduled after filing the initial paperwork where the tenant will be entitled to speak on their own behalf and the landlord (or their attorney) will be able to present their own case.
3. Remove the tenant
If the landlord is successful at trial and is awarded an eviction in their favor, the landlord (or their attorney) needs to approach the clerk of courts and make a set-out request. The clerk will have the sheriff post a “red tag” on the tenant’s door within five days and that tag will have a particular date on it within five to ten days. The landlord is required to be in attendance on that date and be prepared to have the locks changed, in addition the local sheriff will be present on that day in order to physically remove the tenant if so required. At that point, with the tenant physically removed, the locks changed, the landlord is now in possession of the property.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.
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