Evictions - Under Ohio Law
*Please be advised that this is merely a short summary of only part of the Ohio Revised Code on this subject. The law changes on a regular basis and it would be proper to confirm this information with the current statutes now applicable under Ohio law.
Evictions arise for many reasons. Landlord and tenant law is governed under section 5321 of the Ohio Revised Code (ORC). If there is no lease between the parties and the tenant rents at a monthly rate, a landlord may end the rental agreement by giving a thirty-day notice to vacate. If rent is paid weekly, the landlord may give a seven-day notice to vacate. If a rental agreement does exist between the parties, a tenant may reside at the premises unless the tenant breaches the rental agreement. In which case the landlord may evict the tenant.
Under Ohio law in order for a landlord to properly evict a tenant, proper "Notice to Leave the Premises" must be made on the tenant. Once notice to the leave has been made, the landlord must wait three business days after giving the notice to leave the premises before he may file a suit in court, called "Action For Forcible Entry and Detainer." Actions For Forcible Entry and Detainer are governed under section 1923 of the ORC. Once an action has been filed by the landlord, notice will be made on the tenant in either all or some of the following ways:
- in person,
- by certified mail,
- ordinary mail.
This summons will state the date, time and place of the hearing to determine possession of the premises.
The hearing will determine who shall remain in possession of the premises. It consists of the following steps:
- the landlord stating his ownership of the premises,
- that there existed a valid lease between the parties, either written or oral,
- that the court has seen a true and accurate copy of the lease,
- the defendants are in violation of the lease,
- proper notice has been made on the tenants,
- proof of proper notice.
If the court finds the above elements the landlord will be granted possession of the premises unless the tenant has a valid defense or proper objection.
The outcome of the hearing will either determine that the landlord shall have possession of the premises and issue an eviction of the tenants. In which case the landlord may purchase a writ of execution to remove the tenants. Or, the tenants may continue to remain in possession of the premises.