Ohio Real Estate Law: What to Know About Eviction Procedures

Understanding Ohio real estate law is essential for both landlords and tenants, especially when it comes to eviction procedures. Knowing the rules and regulations can help avoid lengthy and costly legal disputes.

In Ohio, landlords must follow a specific legal process to evict a tenant. This process begins with a valid reason for eviction, which could include failure to pay rent, violation of lease terms, or illegal activities on the property. Each reason falls under different stipulations outlined in Ohio Revised Code Section 1923.

One of the first steps in the eviction process is providing the tenant with a written notice. The type of notice depends on the grounds for eviction:

• Three-Day Notice: If the tenant has not paid rent, the landlord must issue a three-day notice to vacate, giving the tenant three days to pay the overdue rent or leave the property.
• Thirty-Day Notice: For month-to-month leases or if the eviction is due to a lease violation, landlords must give a 30-day notice before filing for eviction.
• Seven-Day Notice: For serious lease violations, such as illegal activities, landlords can issue a seven-day notice.

If the tenant does not comply with the notice within the specified timeframe, the next step is to file an eviction lawsuit, also known as a "forcible entry and detainer" action, at the local municipal court. This involves submitting the appropriate forms and paying a filing fee.

After filing, a court date will be set, typically within a few weeks. It is crucial for both parties to prepare for this hearing. Landlords must provide evidence supporting their case, such as rental agreements, payment records, and documentation of the notice given. Tenants should prepare information to dispute the eviction if they believe it is unjust.

If the court rules in favor of the landlord, a judgment will be issued, and the court will set a date for the tenant to vacate the property. If the tenant still does not leave, the landlord can request a sheriff's assistance to remove the tenant from the premises.

It’s important to note that self-help evictions, where landlords attempt to remove a tenant without following the legal process, are illegal in Ohio. This can include changing locks, shutting off utilities, or physically removing a tenant’s belongings.

Ohio's eviction laws also provide protections for tenants. If a tenant believes that the eviction is retaliatory or discriminatory, or if they did not receive proper notice, they can contest the eviction in court. Additionally, tenants may have defenses based on habitability, such as if the property has serious health or safety violations that the landlord has failed to address.

In conclusion, navigating eviction procedures in Ohio requires a clear understanding of the laws and proper adherence to the required steps. By following the legal process, landlords can protect their rights while ensuring that tenants are treated fairly under the law.