Evicting a tenant is a process that landlords in Ohio may sometimes need to undertake when a tenant violates their lease agreement or fails to pay rent. However, it is important for landlords to follow the legal requirements and procedures to avoid any potential legal issues. Let’s take a closer look at how a landlord can evict a tenant in Ohio.
1. File an eviction notice:
To begin the eviction process, the landlord must first serve the tenant with a written eviction notice, also known as a “notice to leave” or “notice to quit.” The notice should clearly state the reason for eviction and give the tenant a specific timeframe to vacate the premises.
2. Grounds for eviction:
Landlords in Ohio can evict tenants for various reasons, including non-payment of rent, violation of lease terms, illegal activities, or habitual late payment. It is crucial to have documented evidence to support the grounds for eviction.
3. Types of eviction notices:
There are different types of eviction notices depending on the reason for eviction. For non-payment of rent, a landlord can serve a three-day notice to pay rent or leave. In the case of lease violations, a three-day notice to comply or leave can be used.
4. Filing an eviction lawsuit:
If the tenant fails to comply with the eviction notice, the landlord can file an eviction lawsuit in the appropriate Ohio court. The court will schedule a hearing where both parties can present their case.
5. Serving the tenant:
The tenant must be served with a copy of the eviction lawsuit, known as a summons and complaint. This should be done by a sheriff or a process server who will provide proof of service.
6. Attending the eviction court hearing:
Both the landlord and the tenant must attend the eviction court hearing. If the tenant fails to show up, the court may rule in favor of the landlord by default.
7. Obtaining a judgment:
If the court rules in favor of the landlord, a judgment will be issued, stating that the tenant must vacate the property within a specified period. This period is typically between 3 and 30 days.
8. Removing the tenant:
If the tenant fails to vacate the premises after the judgment period, the landlord must request a writ of possession from the court, enabling the sheriff to physically remove the tenant from the property.
9. Storage of tenant’s belongings:
Once the eviction process is complete, the landlord must handle the tenant’s belongings responsibly. Ohio law requires landlords to store any belongings left behind for a certain period and provide notice to the tenant about their storage options.
10. The landlord’s duty to mitigate damages:
After the eviction, the landlord must make reasonable efforts to re-rent the property to mitigate any financial losses. The tenant may still be held responsible for unpaid rent until a new tenant is found or until the lease term expires.
11. Eviction due to COVID-19:
During the COVID-19 pandemic, eviction rules in Ohio may have temporarily changed due to government orders and regulations. Landlords should consult the latest guidelines from the state or seek legal advice for specific requirements during this period.
12. Can a landlord evict a tenant without a court order?
No, landlords in Ohio cannot legally evict a tenant without a court order. Self-help eviction methods, such as changing locks, removing belongings, or shutting off utilities, are strictly prohibited by law and can result in legal consequences for the landlord.
In summary, landlords in Ohio can evict a tenant by filing an eviction notice, followed by an eviction lawsuit if the tenant fails to comply. The court will then issue a judgment, and if the tenant does not vacate, the landlord can request a writ of possession to physically remove them from the property. It is crucial for landlords to familiarize themselves with Ohio’s eviction laws and procedures to ensure a smooth and legal eviction process.