Sometimes a landlord has little or no choice but to evict a tenant because of disagreements between the landlord and tenant.In Ohio, the eviction process is quick.It's important to follow the proper procedure in order to evict a tenant.There are some requirements for evicting a residential tenant in Ohio.
Step 1: Understand your responsibilities as a landlord.
The process for evicting a tenant in Ohio is governed by the Ohio Revised Code.Landlords are bound by certain obligations under Ohio law regardless of whether you have a written lease or not.Failure to comply could be the cause of your tenant not paying rent on time or at all.Comply with housing, building health and safety codes is required by Ohio law.Repairs must be done to maintain a good condition for tenants.Provide running water, as well as heat and hot water.Proper trash disposal requires services.All common areas need to be sanitary and safe.Follow the proper eviction procedures.
Step 2: You should check your code.
Municipal codes can be different from state law.If there are any differences between the municipal code and landlord tenant issues, check it.If the municipal code regulates issues that are already regulated by state law, it can't exist.Most municipal codes will not leave state law in a big way.If certain thresholds are met, the Cincinnati Code of Ordinances provides a presumption of retaliation.State law doesn't have the same presumption.
Step 3: The lease you have with the tenant should be reviewed.
Look at your lease to see when it ends.If the lease is up soon, you might be able to get the tenant to move out without evicting, which would allow you to lease the unit to someone else so you can begin to receive rental income.Understand the legal relationship you have with your tenant in order to ensure that their reason for nonpayment is not covered by the lease.Tenants have the right to refuse rent if the premises are in violation of the law, legal codes or the rental agreement.The landlord must receive a written notice from the tenant detailing the specific omissions, acts or code violations that led to the violation.If the landlord doesn't fix the condition within a reasonable amount of time, the tenant can refuse rent.
Step 4: It's a good idea to protect yourself from legal action.
Tenants can only be evicted prior to their lease being terminated for certain acts or omissions.Failure to pay rent is one of the reasons for eviction.Failure to comply with other terms of the lease.The use of leased premises for commercial and residential purposes as well as alterations without the landlord's consent are typical lease term violations.There are drug laws in Ohio.The use or sell of drugs on leased premises by the tenant, their household members or guests.After 30 days notice, a violation of the tenant's statutory obligations under Ohio law can not be made.
Step 5: Don't engage in self-help measures.
A landlord can't change the locks or cancel the utilities in order to encourage a tenant to leave.It is not possible for a landlord to deny services or access to the rental property in order to encourage rent payment.
Step 6: If you want to consult a lawyer, consider it.
There are many free resources available to help educate landlords and tenants about eviction proceedings.Failure to follow the proper eviction procedures could seriously undermine a landlord's chance of success, or at the very least make the process take a lot longer than it otherwise would have.Before beginning the eviction process, landlords should consult an attorney.There is information on finding a good attorney.
Step 7: The tenant should be given notice to leave.
Before filing an eviction action with an Ohio court, written notice must be given to your tenant.When you are evicting because of nonpayment of rent, notice can be given at least three days before filing, and if you have a chance to correct the violation before eviction proceedings can start, you must give 30 days notice.Notices should be given personally to the tenant.If you want to provide proof of notice that can be provided in court, you can either leave it at the tenant's residence or send it by certified mail.You are being asked to leave the premises, if you do not leave, an eviction action may be initiated against you.It is recommended that you seek legal assistance if you are unsure about your legal rights as a tenant.
Step 8: Wait at least three business days before the court starts the eviction proceedings.
The tenant doesn't have to leave during this time.The landlord can file eviction proceedings if the tenant does not leave within three days.
Step 9: You can file an eviction complaint with the court.
An eviction action is referred to as an Action for Forcible Entry and Detainer.In its "eviction packet", the Middletown Municipal Court has a form for an Action for Forcible Entry and Detainer.Some courts may have their own forms.If you are the owner of the rental property, you can file an eviction complaint on your own.The landlord needs to give the court the eviction complaint, a copy of the Three-Day or Thirty- Day Notice, and a filing fee to file the action.The tenant will be served with a summons and a complaint after the action is filed.
Step 10: The court process needs to be completed.
After service of the summons and complaint on the tenant, a hearing will be scheduled no earlier than seven days.The landlord will likely get a default judgment if the tenant doesn't show up for the hearing.The parties can request a jury trial.The tenant will have 10 days to remove personal property from the premises if the court finds in favor of the landlord.The move-out date can be shorter in some courts.If the tenant does not remove the property within the court-ordered time a landlord may request a court bailiff or law enforcement personnel to remove a tenant's personal property to the curb or to storage, depending on the jurisdiction.The landlord pays a fee for this service.