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.[ttip number=’1′ icon=’popover-balance’]
Fee | Municipal | Common Pleas/County |
Initial Court Filing | $123+ | $250+ |
Summons Service | $6+ | $25+ |
Writ of Execution Service | $6+ | $6+ |
Writ of Execution | ~$60+ | ~$60+ |
Notice of Appeal Filing (Optional) | $100 | $90 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Ohio, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Forcible Entry and Detainer”) with the court the following business day.
The filing fee for a Forcible Entry and Detainer depends on which county and court the lawsuit is filed in.
For example, in Franklin County Municipal Court, the filing fee is $123 (this fee includes up to 3 tenants and includes certified mail or bailiff services). In Fairfield County Municipal Court, the filing fee is $130. In Akron County Municipal Court, the filing fee is $173 (this fee also includes certified mail, bailiff service and regular mail).
In Montgomery County Common Pleas Court, the filing fee is $325 and in Licking County Common Pleas Court, the filing fee is $250.
2. Summons Service Fee
Once a Complaint is filed in Ohio, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons can be served by the court clerk or if the tenant files a written request,[ttip number=’2′ icon=’popover-balance’] a sheriff of the county[ttip number=’3′ icon=’popover-balance’] (for claims filed in Common Pleas Court or County Court), a bailiff [ttip number=’4′ icon=’popover-balance’] (for claims filed in Municipal Court), or any person over the age of 18 who is not part of the case shall deliver the documents personally.
Service fees depend on the process server, for example, if a sheriff of the county is serving a Summons from County or Common Pleas Court, they can charge a service fee of $6 and $1 for each additional tenant plus $2 per mile for the first mile and $1 per mile for each additional mile. [ttip number=’5′ icon=’popover-balance’]
In some counties, the service fee is included in the initial filing fee and in other counties like Fairfield County, the service fee is $25.
3. Writ of Execution Service Fee
In Ohio, if the court rules in favor of the landlord, the court shall issue a Writ of Execution. The writ is the tenant’s final notice to vacate the premises.
An Ohio sheriff, bailiff, police officer or constable can serve the Writ of Execution to the tenant. Fees can vary by officer and county. Some counties, such as Franklin County set out additional procedures that must take place prior to the eviction, such as posting a red tag notice on the rental property. The red tag will be placed on the rental property’s door and informs the tenant to vacate the premises. The service fee for a bailiff to deliver a Writ of Execution in Franklin County is $35 (which includes the red tag notice service).
Whereas a sheriff may charge a fee of $6 and $1 for each additional tenant plus $2 per mile for the first mile and $1 per mile for each additional mile.[ttip number=’6′ icon=’popover-balance’]
4. Writ of Execution Enforcement Fee
In Ohio, if a tenant remains at the premises after the writ expires, a sheriff, bailiff, police officer, or constable may execute the writ by removing the tenant from the premises.
Fees may vary by officer, for example a sheriff can charge $60[ttip number=’7′ icon=’popover-balance’] for returning to the property to enforce the Writ of Execution.
5. Notice of Appeal Filing Fee
If either party chooses to file an Appeal. The filing fee varies by county, for example, in Licking County Common Pleas Court, the filing fee is $90. In Montgomery County Municipal Court, the filing fee is $100.
Sources
- 1 Ohio Rev Code § 1923.01 (2022)
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(A) As provided in this chapter, any judge of a county or municipal court or a court of common pleas, within the judge’s proper area of jurisdiction, may inquire about persons who make unlawful and forcible entry into lands or tenements and detain them
- 2 Ohio Civ. R. 4.1 (2022)
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When the plaintiff files a written request with the clerk for personal service, service of process shall be made by that method…
- 3 Ohio Civ. R. 4.1 (2022)
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…When process issued from…a court of common pleas, or a county court is to be served personally under this division, the clerk of the court shall deliver the process and sufficient copies of the process and complaint, or other document to be served, to the sheriff of the county in which the party to be served resides or may be found.
- 4 Ohio Civ. R. 4.1 (2022)
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When process issues from the municipal court, delivery shall be to the bailiff of the court for service on all defendants who reside or may be found within the county or counties in which that court has territorial jurisdiction and to the sheriff of any other county in this state for service upon a defendant who resides in or may be found in that other county.
- 5 OH Rev Code § 311.17 (2022)
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311.17 (16) All summons, writs, orders, or notices, for the first name, six dollars, and for each additional name, one dollar.
(B) In addition to the fee for service and return:
(1) On each summons, writ, order, or notice, a fee of two dollars per mile for the first mile, and one dollar per mile for each additional mile, going and returning, actual mileage to be charged on each additional name;
- 6 OH Rev Code § 311.17 (2022)
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All…writs,…for the first name, six dollars, and for each additional name, one dollar.
(B) In addition to the fee for service and return:
(1) On each…writ…a fee of two dollars per mile for the first mile, and one dollar per mile for each additional mile, going and returning, actual mileage to be charged on each additional name;
- 7 OH Rev Code § 311.17 (2022)
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(7) Writ of possession or restitution, sixty dollars;