Posted in Blog  
  on Apr 13, 2015

What is the Eviction Process in Ohio

For most situations, the eviction process in Ohio begins with a 3 day notice. This is called the Notice to Leave a Premises. This notice gives tenants 72 hours to vacate the premises before an unlawful detainer can be filed before a local court. Moving out during that time frame will settle the issue. Not being able to move out may start court proceedings.

Tenants cannot refuse to pay rent because of potentially dangerous home conditions. A 30 day notice by the tenant to the landlord to repair the issue in writing must be delivered. If the situation is still not resolved, then tenants may start an escrow account with the County Clerk for rental payments.

Once a landlord or their agent files for the unlawful detainer, tenants will be delivered a summons that has a court date associated with it. Two copies are required to be sent of the summons: one by regular mail and then one by a certified method. One copy of the summons must be received at least 7 days before the scheduled court date. Each county has their own specific schedule for hearing cases that have received a valid 3 day notice.

Some Notices Are 30 Days Instead of 3 Days

If the issue is anything but a nonpayment of rent, then a 30 day notice must be given to tenants instead of a 3 day notice. This includes any condition that may break the lease, such as having a pet on the premises when one is not allowed. Curing the conditions of the eviction notice will cancel it. Receiving a summons after the issue has been resolved creates an active defense for tenants. Tenants that choose to fight an eviction are typically given another 7-8 days in continuance from the original date. A bond is often required for this to occur. A jury trial may be requested by either party, even if a lease says that the right to a jury trial is waived.

Landlords or their agents who receive a judgment in their favor will still have 10 days to wait to reclaim their property. Tenants are given a 10 day notice to leave by the court. If the 10 days expires and a tenant has not left, then the landlord or their agent must request a Writ of Execution from the court. This will then be given to the local Sheriff, who must execute the order within 10 days of receiving it. Most eviction cases in Ohio are settled in 4-6 weeks. If a tenant wins with an active defense, then the eviction process must start over and the landlord may be responsible for reasonable court costs and attorney fees for the tenant.


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