How to Stop an Eviction From a Landlord in Ohio

Your landlord can evict you, or have you removed from your rental unit, by using formal legal proceedings in Ohio. You must be given written notice at least three days before your landlord files in court under Ohio law, which gives you time to correct any lease violations you may have committed. However, if you have no lease, a short-term lease -- like month to month -- or your rental agreement has expired, the landlord has the right to evict you without supplying a formal reason.

Instructions

1. Check the notice you received from your landlord immediately. Look for the reason why your landlord wants to evict you. Review your lease terms if the landlord is alleging violations.

2. Fix the cause of your impending eviction. Pay your rent in full if unpaid rent is the issue. Get proof of payment from the landlord. Cure any lease violations you committed. Contact the landlord in writing immediately and inform him the violation has been corrected. Allow the landlord to verify the correction has made, such as an inspection of your home. Be present at any landlord inspection.

3. Gather evidence if the eviction is not valid. Get copies of canceled checks, rent receipts and any other proof of payment if the eviction is for unpaid rent. Take time-stamped photos or video of your rental unit for use against accusations of property damage. Contact your local housing inspector to report dangerous or inhabitable conditions in your unit that your landlord would not repair or address. Get a copy of the housing inspector's report.

4. File a counterclaim in court if the landlord has violated lease provisions. Visit the Ohio court where the landlord files the eviction lawsuit. Ask the clerk for the paperwork to file a counterclaim in your eviction case. Fill out the forms in full and follow all instructions. State your basis for the counterclaim clearly.

5. Attend your eviction hearing. Locate the date and time of the hearing on the summons you received from court. Arrive at least 30 minutes early to organize your evidence. Bring your proof against the eviction and of the landlord's lease violations to court, including the housing inspection results.

6. File bankruptcy in the Ohio District of the United States Bankruptcy Court responsible for your area of residence. A bankruptcy filing grants you an automatic stay against creditors and the eviction's proceedings.

Tips & Warnings

• Contact an attorney if you need help with your eviction case.

• Consult an attorney before filing for bankruptcy, as the proceedings will impact your entire financial situation.

References

• Cleveland Tenants Organization: What You Need To Know About Eviction
• Ohio Ombudsman, Joint Office of Citizen Complaints: Landlord and Tenant Rights and Duties Under Ohio Law
• Coalition on Homelessness & Housing in Ohio: Know Your Tenants Rights