If you are a landlord in Ohio, you have the right to evict a tenant when they do not comply with rent payments or if they violate the rental agreement. However, you need to follow the right procedure for the eviction process to be legally effective.
You have to end the lease before you can start the eviction process. You can do this by giving the tenant proper notice of the reason why they are receiving a tenancy termination. The eviction procedure can then begin, and it typically takes five weeks to complete. Acquire landlord insurance in Ohio to safeguard and protect your rental property.
Here is a detailed guide on the eviction process you can follow for a successful eviction.
Ohio Eviction Reasons
There are a number of reasons that may lead to eviction in Ohio. Here are some of them;
Failure to comply with rent deadlines
Rent is considered late a day after its official due date. Before filing for an eviction, you need to give the tenant a three-day notice. If the rent is paid within the three-day notice, then you may need to discontinue filing for an eviction.
If the tenant still does not pay rent within the three-day notice, you can decide not to file an eviction.
Violating the Rent Agreement
As a landlord, you want to have a seamless relationship with a tenant. Therefore, you may have some rules, such as no pets or no smoking. However, some tenants may violate these terms.
If there is a lease violation, you can issue them a three-day notice. If the tenant fails to resolve their violations within this period, you can decide to continue with filing the eviction.
Damaging of Property
The ordinary wear and tear in a rental property is not a good reason to evict a tenant. However, if you discover anything beyond the usual wear and tear, then you can decide to evict a tenant.
Property damage includes anything from damaging the floors or walls. It also includes making alterations against the lease or rental agreement.
Conducting Illegal activities
Some tenants may rent a property with an aim to conduct illegal activities. Such activities may include illegal drug activity, storing of stolen goods, and violence, among others.
This also applies to guests or any other person living with the tenant conducting any illegal activity.
If this happens, the landlord must issue a three-day notice to quit. This is before the landlord starts filing for an eviction.
Public Nuisance
A common public nuisance claim is noise pollution. If a tenant causes noise pollution to the rest of the neighborhood, the police department will fine the landlord.
Therefore, a landlord may issue a 30-day notice that gives the tenant to fix the issue. Not throwing away the trash, which invites bugs and rodents, is also another form of public nuisance.
Landlord's Personal Need
As a landlord, sometimes you may need to use your rental property for your personal needs. You may also sell the property, which may lead you to give the tenant a notice to vacate the premises.
Usually, the landlord might give the tenant a 30-day notice to vacate.
Failure to Renew the Lease or Rental Agreement
The landlord-tenant agreement also contains a specific period of time when a tenant is legally allowed to stay. After this period is over, the tenant needs to renew or vacate the premises. If they do not vacate or renew the lease or rental agreement, the landlord can file an eviction.
As a landlord, you can issue a 7 day or a 30 day notice to vacate.
Steps for an Ohio Eviction process
The process of an Ohio eviction involves several different steps. Each of these steps contributes to the lawful and orderly eviction.
Give an eviction notice - any eviction process must start with an eviction notice. Depending on the reason for eviction, every notice has a different time frame.
File an eviction - if your tenant fails to comply and respond appropriately after the notice, the landlord can file an eviction. The lawsuit is also referred to as a forcible entryand detainer suit.
Attend court hearing - after filing for eviction in an Ohio law court, a hearing date is set where both the landlord and the tenant are expected to attend. At this point, the tenant can contest the eviction action.
Court judgment - if the court rules in your favor as the landlord, you will receive a writ of execution from the court. A writ of execution is a court order that gives the landlord permission to reclaim their rental property. With a writ of execution, a landlord can remove the tenant's belongings to reclaim their rental property.
How Long Does it Take to Evict a Tenant in Ohio?
The whole eviction process might take about five weeks before a tenant is completely evicted. Picture this: a normal eviction process starts with a three day notice. There are other linger notices like the 7 day notice and the 30 day notice. However, the 3 day notice Is the most common one. Note that the 3-day notice may take up to 5 days since the weekend days are not included. After the notice, the landlord can now file an eviction lawsuit. The court will then give a hearing date in about two to three weeks. In some cases, the tenant in question might delay the hearing date by a week.
After the court eviction hearing and if the landlord wins, the tenant has 5 to 10 days before they can vacate the rental unit. If they don't vacate within ten days, you may have to set an appointment for an eviction action.
The set-out date will then depend on the bailiff's schedule, which may take up to a week. By looking at this timeline, it's easy to understand why the process might take five weeks. If you are lucky, you can whittle it down to 4 weeks.
What Does 3 Day Eviction Notice Mean in Ohio
Ohio landlords must issue a 3-day notice right before they file for an eviction legal process. This notice is given if the tenant has lease violations.
The three-day notice is given when the violation has been noticed. For instance, if you notice that the tenant violates the no-pet agreement on their rental unit, you can issue this notice on that day.
In the case where the tenant delays to pay rent, especially in a month-to-month tenancy, a landlord can issue the notice a day after the delayed rent payment.
When you decide to issue the notice, you are telling the tenant that they should vacate the premises if they don't pay rent or rectify the violation. You are also notifying the tenant that they may face a legal eviction process referred to as forcible entry and detainer.
If the notice requires the tenant to pay rent, they are required to do so in three days or vacate. If they are required to rectify a violation, the tenant should notify the landlord of the rectification so that the landlord can perform an inspection. Common violations may include getting rid of any illegal drugs in the rental unit.
It may also be to get rid of a pet or stop public nuisance such as noise pollution coming from their rental unit. Note that when issuing the 3 day notice, you should have two copies, as they may be required if you will end up starting a legal process for eviction action.
Getting Property Possession
If the landlord wins, the tenant can appeal for a reconsideration. However, if the tenant does not ask for reconsideration, the landlord will be given a Writ of execution a few hours or a few days after the court judgment.
What is the Writ of execution
A writ of execution allows the tenant only ten days to vacate. If the tenant does not move out, a police officer may have to set out the tenant's belongings.
Can You Forcefully Evict a Tenant?
In Ohio, you cannot forcefully evict a tenant. In fact, you could be sued if you forcefully evict a tenant. A tenant can sue the landlord for actual damages in their rental unit and attorney's fees.
This means that Self-help eviction is illegal in Ohio. Landlords are not allowed to cut off the tenant's electricity or water supply for their tenant in a bid to forcefully evict them.
Landlords are also not allowed to change rental unit licks to keep the tenant from entering the premises. There are other actions that can be described as forceful eviction. So, the best way to evict a tenant is to follow the legal process. To ensure a smooth legal process, make sure that you issue a notice to the client and keep a copy of the written notice. You can also keep proof of late payments and possibly evidence of the lease violation actions by the tenant.
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