The Ohio thirty (30) day lease termination letter, source ORC 5321.17, is to be used to inform a tenant (or landlord) of the sender’s intention to terminate the month-to-month (or “at-will”) lease agreement. The notice gives the tenant thirty (30) days to vacate the rental unit. Failure of the tenant to vacate the unit/property by the end of the 30th day of the notice period provides the landlord with the right to file an eviction lawsuit against them. How to Write Step 1 – Download the notice (.PDF format click here – link opens in a new tab/window). Step 2
Ohio Eviction Process & Laws | Free OH Eviction Notices
The Ohio thirty (30) day notice to quit for a health or safety hazard, in regard to §§ 5321.11, is reserved to be used when a tenant has failed to comply with the rental/lease agreement, and when the violation has caused a health/safety hazard. The notice gives the tenant thirty days to “remedy” (i.e. correct) the violation(s). If the tenant does not comply with the notice, the landlord can file an eviction lawsuit against them. Download Links: .PDF Format Word Format How to Write Step 1 – Download the notice and print it out. In the “To” field at the top
The Ohio three (3) day notice to comply or cure, in association with 1923.02, must be served on a tenant who has committed some type of “curable” (i.e. fixable) lease violation (before the landlord can file an eviction lawsuit). The notice provides the tenant with three (3) days* to either cure the lease violation(s), or vacate the rental unit. If the tenant does not comply with the notice within the three day period, the landlord can then file an eviction action in court. *Eviction notice periods are counted in terms of business days. Download/Print Links: PDF Format Word Format How to
The Ohio three (3) day notice to pay or quit, along with Section 1923.04, is the standard notice that is used to inform a tenant that they are past due on the rent. The notice states that the tenant must either pay the past due amount, or vacate the rental unit by the end of the third day (of the notice period). If the tenant does not pay the rent (or vacate the rental unit) by the third day, the landlord can file an eviction lawsuit (i.e. “forcible entry and detainer”) in court. Note: The tenant is not legally obligated to
How to Evict a Tenant (Process)
The only way for a landlord to evict a tenant in Ohio is by obtaining a court order. Before filing the eviction lawsuit, the landlord must give the tenant a written eviction notice. A tenant can be evicted due to nonpayment of rent, violation of the lease agreement, failure to move out after the rental term has ended, failure to fix (i.e. “cure”) a health hazard within 30 days, or for violation of Ohio’s drug laws (on the premises of the rental property). The standard amount of notice that is required before the landlord can file the eviction suit is three (3) days, however month-to-month tenants must receive 30 days notice, and a tenant who has committed a health/safety hazard must also receive 30 days notice.
Step 1 – Serve the proper notice to the tenant. The notice can be served personally, or sent through certified mail (and posted on the premises of the rental unit). The entire notice period must lapse (with no action taken by the tenant) before an eviction lawsuit (known in Ohio as a “Forcible Entry and Detainer”).
Note: The notice period is counted in terms of business days, and the date of service does not count towards the notice period.
Step 2 – File the eviction lawsuit. The lawsuit is comprised of two main documents; the Complaint and Summons. The tenant will receive a copy of each of these documents. The Complaint describes the reason for the lawsuit, and the Summons details the time and date of the hearing. The court papers will be sent to the tenant by certified mail, as well as posted on the premises of the rental unit. The tenant must receive these papers at least seven (7) days prior to the date of the hearing.
Note: The filing fee is typically anywhere from $120-140. Additional fees may be required.
Step 3 – Show up to court on the date of the hearing. If the tenant does not show up, a default judgement will most likely be issued against them. If the landlord does not show up, the judge will dismiss the lawsuit. If both parties show up in court, the hearing will take place. Both the landlord and the tenant will have the opportunity to present their side of the story to the court. If the tenant is found guilty, they will be ordered to vacate the rental property within a certain period of time (the time to vacate varies across the State).
Note: Bring any relevant evidence, documentation (payment history, violation history, etc.) to the hearing.
Step 4 – If the tenant does not move out in accordance with the court order, the landlord can file a request in court to have the Sheriff evict them from the property.