What Is Eviction?

Whether or not a tenant's right to occupy a residential unit has ended, a landlord may not:

Shut off utilities
Change the locks to force the tenant from the unit
Seize the tenant's possessions to recover unpaid rent

A landlord may bring an eviction action against a tenant when the tenant has:

failed to pay rent on time
occupied the unit after the termination or expiration of the rental agreement.

To bring an eviction action, the landlord must first serve a 3day notice to vacate the premises in person, by mail, or at the premises. If the tenant does not move within the 3day period, then the landlord must file an action in Forcible Entry and Detainer at the court in the city where the property is located. The Court will schedule a hearing and the tenant will receive a summons and complaint at least 5 days before the hearing.

At the hearing, the landlord and tenant will present evidence in support and defense of the eviction action. A tenant may offer a defense of bad conditions and counterclaim at the eviction hearing (Order form: "Avoid Eviction ). If an eviction is ordered, the landlord will make arrangements with the Court to have the tenant's belongings removed from the unit if the tenant does not move.

Local procedures vary, check with your court or an attorney for specific information about eviction.

Eviction: Second Cause of Action

At the time of eviction, the landlord may also file a "second cause of action" to recover money damages. The tenant may answer the claim for money within 28 days of receiving the complaint in the mail. If a tenant fails to answer the complaint, the Court may issue a default judgment in the landlord's favor without holding a hearing. A default judgment will stop the tenant from later objecting to a landlord's claim.

Other Ohio Landlord/Tenant FAQs

Q: What Are A Landlord's Duties?
A: A landlord has the duty to: Put and keep the premises in a fit and habitable condition. Keep the common areas safe and sanitary. Comply with building, housing, … More
Q: What Are A Tenant's Duties?
A: A tenant has the duty to: 1. Keep the premises safe and sanitary. 2. Dispose of rubbish in the proper manner. 3. Keep the plumbing fixtures as clean as their condition … More
Q: What Is A Security Deposit?
A: The Ohio LandlordTenant Law permits a landlord to collect a security deposit to cover the costs of: unpaid rents or charges, and repair of tenantcaused … More
Q: What Is Abandonment?
A: The Ohio LandlordTenant Law does not address the problem of abandonment of a rental unit by a tenant. If a tenant fails to remove all of her/his belongings, or … More
Q: What If My Landlord Doesn't Make Repairs?
A: If a landlord does not meet the duties imposed by the Landlord Tenant law or the local housing codes or the rental agreement or if there are conditions which … More
Q: What About Drug Activity In Rental Housing?
A: In 1990, Ohio added provisions to the Landlord Tenant Law which require landlords to evict tenants when the landlord has information from a law enforcement officer, … More
Q: Does Ohio Have Fair Housing Practices?
A: Fair housing is your right. It is a right protected by Federal and State law. Fair housing means that you may freely choose a place to live REGARDLESS of your race, … More
Q: What Is Ownership Disclosure?
A: Every written rental agreement must contain the name and address of the owner and the owner's agent. If the owner is a corporation or partnership, the address must be … More
Q: Does Rent Control Apply In Ohio?
A: There is no government control over rents in Ohio, except in subsidized housing programs. In the case of a monthtomonth rental agreement, the landlord must … More
Q: Can My Landlord Enter My Premises?
A: A landlord may enter a tenant's unit only after giving a 24hour notice, except in case of emergency. Landlords may not enter at an unreasonable time or in an … More