How Does an Eviction Work in Ohio?
Landlords and tenants in Ohio should both know about the eviction process and how it works. When a landlord evicts a tenant, he has to follow a set of procedures established by Ohio law or he cannot legally remove the tenant. Talk to an Ohio attorney if you need legal advice or assistance with an Ohio eviction.
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Basis of Eviction
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An Ohio landlord, or an attorney representing the landlord, can evict a tenant if the tenant has violated the lease or rental agreement. Typically, landlords evict tenants because the tenant fails to pay the rent in the manner stated in the lease. However, Ohio allows for either written or oral rental agreements, and the landlord can still evict a tenant with an oral agreement as long as the tenant violates the terms of the oral agreement.
Notice
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When a landlord wants to evict an Ohio tenant, the landlord must provide adequate notice before filing an eviction lawsuit. According to the Civil Department of the Franklin County Municipal Court, landlords must give a tenant a notice of at least three business days before filing an eviction complaint. The landlord must deliver the notice, called a Notice to Leave Premise, three business days prior to filing the lawsuit if the lawsuit is based on the tenant's failure to pay rent. Otherwise, the landlord has to give notice 30 days prior to filing the complaint.
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Complaint
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Once the landlord has given the tenant adequate notice, the landlord must file an eviction complaint in the county or municipal courthouse in which the rental property is located. This complaint, also known as a forcible entry and detainer lawsuit, asks the court to remove the tenant and states the landlord's reasons. Once the landlord files the lawsuit, he must also ensure the tenant receives a copy, known as service of process.
Hearing
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When a landlord files an eviction lawsuit with the civil court clerk's office, the clerk schedules a hearing date. Both the landlord and the tenant have the right to appear before the court at this hearing and present their case. If the landlord fails to appear, the court will dismiss the eviction. If the tenant fails to appear, the court will grant the eviction. If both parties appear, the court will hear arguments from both and determine whether to grant or deny the landlord's request for forcible entry and detainer.
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