An eviction is a legal process in which a landlord removes a tenant from a rental property after filing for an eviction and receiving an eviction judgement from the courts.
You can view legislation regarding evictions in the Ohio Revised code here:
codes.ohio.gov/ohio-revised-code/section-1923.01
Reasons for Eviction
Non-payment of rent
If you do not pay your rent, a landlord may give you a 3-day notice to vacate the premises. If you do not vacate within three days, the landlord may file for an eviction with the court. If you are late paying rent, a landlord may refuse to accept your rent and give you a 3-day notice to vacate to begin the eviction process.
Violation of Terms or Conditions of A Lease
If you violate any terms or conditons of your lease, a landlord may give you a 3-day notice to vacate the premises. If you do not vacate within three days, the landlord may file for an eviction with the court. Examples of “terms and conditions” include things like ‘no pets’, ‘no other tenants living on the property than those who signed the lease’, etc. PLEASE NOTE: Depending on the term or condition, it can be difficult to prove that a lease violation has occurred. We encourage landlords to give tenants notice and time to correct the violation before giving them a 3-day notice.
Failure to Fulfill Tenant Obligations
According to ORC §5321.11, if a tenant fails to fulfill their obligations under Ohio law, a landlord may give them a 30-day notice to correct the violation. If the tenant does not correct the violation within thirty days after receiving this notice, the landlord may give them a 3-day notice to vacate, and then file for eviction if they do not move out within three days. (See Tenant Obligations)
Failure to Comply With a 30-Day Notice to Vacate
If a landlord issues you a 30-day notice to vacate the premises (see “30-day Notice”) and you do not move out, they may then give you a 3-day notice to vacate. If you do not move out within three days after receiving this notice, they may file for an eviction with the court.
Drug Activity
A landlord may give a tenant a 3-day notice for any proven drug activity on the premises. See the ORC §1923.02(a)(i) and contact an attorney for details.
Eviction Process
A landlord must give the tenant a notice stating that they have three days to move out or the landlord may file for an eviction. The 3-day notice must be delivered in person, by certificate of mail, or by posting at the rental property. The landlord may file for an eviction with the court four business days after the notice has been delivered if the tenant has not vacated the premises. A tenant can avoid eviction if they move out within three days and before the landlord files with the court. After a landlord files for an eviction, you will receive notice of the scheduled hearing date from your local courts. A tenant should always attend their scheduled hearing date or provide a written response!
- If your landlord or property manager serves you with an eviction notice, that notice must contain specific language and be properly served to you in order to be accepted by the court.
- If you have not already done so, you may wish to contact your landlord or property manager to discuss the reason for the eviction notice and attempt to resolve the problem so that they do not proceed with an action against you.
- You may also choose to move out, if possible, so that you are out of the property within 3 business days and try to avoid court action against you.
- A 3-DAY NOTICE IS NOT A COURT ORDER FOR YOU TO MOVE. If you choose to remain in the property and an eviction action is filed against you, you may wish to find an attorney to assist you with your case. Links to Legal Resources are provided for you below on this page. You should seek assistance as soon as possible to allow time for an attorney to be assigned to your case and/or review the facts of your case. There may be two “causes of action” against you. They are (1) to determine whether or not to return possession of the rental property to the landlord and (2) to determine damages (money), if any, that you might owe your landlord. You may wish to prepare a list of rental payments and any other fee payments (late fees, utilities, etc.) you made along with copies of your receipts for those payments or copies of your bank statements showing that your checks to your landlord were cashed.
- Evictions are filed with the Clerk of Courts. If you have questions about the process and what actions you may take during or in preparation for your hearing, you may contact the Clerk, an attorney, or our office for assistance and additional information.
AVOID EVICTION AT ALL COST IF YOU CAN!
In many municipalities evictions cannot be expunged, meaning they are on your record forever. They are also a matter of public record, and anyone can use the Internet to find out if you have been evicted. Landlords often check tenants’ background to see if they’ve been evicted. If you have an eviction on your record, it can make it very difficult to find the housing you want. Call us if you are facing eviction or a landlord is threatening to evict you!
Fair Housing Contact Service is a HUD approved Housing Counseling Agency that provides tenants and landlords with information and resources concerning their housing. The information provided on this page is intended to be used for general information regarding your rights as a tenant and the duties of a landlord under the Ohio Landlord Tenant Act. We are not attorneys. The information should not be taken as legal advice as we are not attorneys, but it may help you decide if and when you should pursue legal advice. Be sure to contact an attorney before taking any court action regarding a legal matter.