Ohio Eviction Process

Last Updated: June 28, 2024 by Roberto Valenzuela

From start to finish, an eviction in Ohio can be completed in 5 to 8 weeks, depending on the reason for the eviction. If tenants request a continuance or file an appeal, the process can take longer.

Grounds for an Eviction in Ohio 

In Ohio, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:

• Not paying rent on time
• Staying after the lease ends
• Violating the terms of the lease
• Committing illegal activity

Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.

Grounds	Notice Period	Curable?
Nonpayment of Rent	3 Days	Yes
End of Lease or No Lease	30 Days	No
Lease Violation	3 Days	Yes
Health and Safety Violations	30 Days	Yes
Illegal Activity	3 Days	No

Nonpayment of Rent

In Ohio, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 3 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out. 

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Ohio the day immediately after its due date. Ohio landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.

If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

End of Lease or No Lease

In Ohio, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 30-days’ notice to move out.

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In Ohio, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Ohio landlord tenant law. To do so, the landlord must first serve the tenant a 3 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.

Examples of lease violations include:

• Allowing unauthorized occupants or pets to reside in the rental unit
• Refusing to allow the landlord access to the rental unit
• Causing minor property damage

If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Health and Safety Violations

In Ohio, a landlord can evict a tenant for violating health, safety or building codes. To do so, the landlord must first serve the tenant a 30 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out within the 30-day period.

If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Illegal Activity

In Ohio, a landlord can evict a tenant for committing criminal or illegal activity on the premises. To do so, the landlord must first serve the tenant a 3 days’ notice to vacate. The tenant does not have a chance to fix the issue and must move out within the 3-day period.

Examples of criminal and illegal activity include:

• Committing illegal drug activity
• Causing intentional destruction to the premises
• Allowing a sex offender to reside in the rental unit (premises are located within 1000 feet of a school or other childcare facility)

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Illegal Evictions in Ohio

In Ohio, there are a few different types of evictions that are illegal. If proven in court, the landlord could be required to pay the tenant the cost of damages plus the tenant’s legal fees.

“Self Help” Evictions

A landlord is not allowed to forcibly remove a tenant by:

• Changing the locks
• Shutting off utilities 
• Removing tenant belongings

A tenant can only be legally removed with a court order obtained through the formal eviction process.

Retaliatory Evictions

It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:

• Complaining to the landlord about an issue with the property
• Contacting a local or government agency about an issue with the property
• Joining, supporting or organizing a tenant union or organization

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In Ohio, all evictions follow the same process:

1. Landlord serves the tenant with notice of violations
2. Landlord files complaint with court for unresolved issues
3. Court serves tenant with a complaint and summons
4. Court holds hearing and issues a judgment
5. Sheriff serves tenant with Writ of Execution and returns property

Step 1: Landlord Serves Notice To Tenant

A landlord can begin the eviction process in Ohio by serving the tenant with written notice. Ohio landlords may deliver an eviction notice using any of these methods: [10]

1. Hand delivery to the tenant
2. Leaving the notice at the tenant’s premises or current residence
3. Delivery by certified mail
   

Mailed notice extends the notice period by three (3) calendar days, to account for variable delivery times. [11]

An Ohio eviction notice is NOT COMPLETE unless it contains a note with the following language:

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.

3-Day Notice To Quit

In Ohio, if a tenant is late on paying rent (full or partial), the landlord can serve them a 3-Day Notice To Quit. This eviction notice gives the tenant 3 days to pay the balance due or move out.

30-Day Notice To Vacate

For a tenant with no lease or a month-to-month lease in Ohio, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.

However, for tenants that don’t pay monthly, the amount of notice differs:

3-Day Notice To Comply or Vacate

In Ohio, if a tenant violates the terms of their lease agreement or legal responsibilities, the landlord can serve them a 3-Day Notice To Comply or Vacate. This eviction notice gives the tenant 3 days to fix the issue or move out.

30-Day Notice To Comply or Vacate

In Ohio, if a tenant causes health or safety violations, the landlord can serve them a 30-Day Notice To Comply or Vacate. This eviction notice gives the tenant 30 days to fix the issue or move out.

3-Day Notice To Vacate

In Ohio, if a tenant commits a criminal or illegal activity, the landlord can serve them a 3-Day Notice To Vacate. This eviction notice gives the tenant 3 days to move out without the chance to fix the issue.

Step 2: Complaint is Filed and Served

If the notice period ends and the tenant remains on the property, the landlord may file a complaint in the court of the proper county or municipal court.  The complaint should include the following information:

• The landlord and tenant names
• The rental property address, including the county
• The grounds for eviction
• When notice was served

The summons and complaint are forwarded to a process server or county sheriff to serve each named tenant.  The clerk may also send the complaint and summons by certified mail. Certain fees may apply for the service of the summons and complaint.

In most counties in Ohio, filing fees cost around $123 but additional costs may apply if the landlord is evicting more than one tenant. Information regarding filing fees can be found on the applicable county court website.

 

Step 3: Court Serves Tenant with Summons and Complaint

A tenant should be served with the summons and complaint within 3 days of the filing of the complaint. [4]  However, a tenant must be served at least 7 days prior to any hearing. [5]

Once the tenant has been served, the tenant may choose to answer or contest the complaint.  A tenant’s answer must be in writing and filed with the clerk of court within 28 days of being served. 

To contest the eviction the tenant must have a legal defense, or a valid reason why the landlord should not evict them.  The tenant must also serve the landlord with the answer containing the defenses.

A valid legal defense may include the following situations:

•  The landlord executed a “self help” eviction prior to finalizing the proper legal proceedings
• The tenant resolved a curable violation
• The landlord discriminated against the tenant
• The landlord evicted the tenant in a retaliatory manner
• The tenant did not violate the terms of the lease
• The tenant did not receive proper notice
• The landlord failed to properly maintain the rental unit as required by state and federal law
• The notice or complaint contained substantial errors, such as omitting the effective date of eviction

A court may dismiss the eviction lawsuit if it finds any of the above defenses to be true, aside from errors in the legal documents.  If the notice or complaint contained substantial errors, the landlord must fix the errors and restart the eviction process.  

If the tenant does not choose to contest the eviction, the process will proceed via the steps below.

Step 4: Court Holds Hearing and Issues Judgment

A hearing must be held within 30 days of the tenant receiving the complaint and summons. [6]. If the tenant did not contest the eviction, the landlord may move forward with filing a default motion judgment to obtain a Writ of Execution.

If the tenant contests the eviction, the tenant may be required to pay the Court Clerk the amount of any outstanding rent and any rent until the lawsuit is over. If there is a disagreement over the amount of rent owed, the tenant may file a motion with the court to have the amount determined.

Landlords must appear in court.  If a properly served tenant fails to show up for the court date, the court will automatically rule in favor of the landlord.

Regardless if the eviction was contested or not, if the judge rules in favor of the landlord, a Writ of Execution will be subsequently issued and the process will proceed.

Some counties, such as Franklin County, the court may set out additional procedures that must take place prior to the eviction, such as posting a red tag notice on the rental property. The filing fee for a red tag is $35.

Depending on the county the rental unit is located, the tenant’s belongings may be removed from the property and forfeited to the landlord. Those belongings may then be used as a lien for damages or payment to the landlord.

Step 5: Possession of Property is Returned

Within 10 days of receiving the writ of execution, a law enforcement agent will remove the tenant from the rental unit.  Some counties may give the law enforcement officer a lesser number of days (such as five) to evict the tenant. [9]

Eviction Process Timeline

In Ohio, an eviction can be completed in  5 to 8 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

Below are the parts of the Ohio eviction process outside the control of landlords for cases that go uncontested.

Step	Estimated Time
Initial Notice Period	3-30 Calendar Days
Court Issuing Summons	3-7 Business Days
Court Serving Summons	1-3 Business Days
Tenant Response Period	28 Calendar Days
Court Hearing and Ruling	7-30 Business Days
Court Serving Writ of Possession	1-3 Business Days
Final Notice Period	Up to 10 Calendar Days

Flowchart of Ohio Eviction Process

Ohio Eviction Court Fees

The cost of an eviction in Ohio for all filing, court, and service fees can vary heavily based on the county. For cases filed in Municipal Court, the average cost is $195. Cases can also be filed in Common Pleas Court and County Court and the average cost is $341.

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