Ohio Eviction Rights
Ohio gives landlords a wider range of reasons to seek eviction than many states. The eviction process involves a three-day notice period, followed by the scheduling of one, and potentially two, hearings. The first hearing decides if the tenant should be evicted. If so, the tenant is usually given 10 days to leave before a court official physically forces eviction. A second hearing determines whether the tenant owes money to the landlord.
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Reasons
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Ohio allows landlords to seek to evict a tenant for reasons other than those common in most states (nonpayment of rent, expiration of the lease, violation of lease conditions.) The additional reasons include the tenant's making a false complaint to a government agency about alleged housing violations; the landlord's being forced to take the property off the rental market to comply with housing laws; the tenant's failing to rectify a situation that affects health or safety in a property; and the tenant's refusing to give access to the property after being given 24 hours' notice.
Notice and legal process
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A landlord contemplating a valid eviction must issue a notice demanding that the tenant leave within three days (not including weekends or holidays.) After the three days pass, the landlord can file a complaint in court. This is known as "seeking forcible entry and detainer." This filing will lead to an initial hearing in as soon as one week, but usually in around two weeks. The tenant has the right to appear at the hearing and make his case.
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Eviction
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If the landlord wins, he must ask for a writ of restitution. This is the legal order authorizing a court bailiff to physically evict the tenant, remove any possessions, and change the locks. In most cases, the writ of restitution gives the tenant 10 days to vacate before the bailiff enforces eviction.
Second hearing
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Under the Ohio system, a further hearing is held around one month after the initial hearing. This second hearing decides what, if anything, the tenant owes to the landlord. If the tenant fails to respond at this hearing, the court may enter a default judgment, which the tenant cannot later dispute.
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