In Ohio, landlords have the option of evicting a renter who is late on their rent. This is how.
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Renting a Home in Ohio
Rent is usually due on the first of the month, even whether it is a weekend or holiday. If a tenant fails to pay rent when it is due, the landlord is not compelled to provide a grace period. This implies that the landlord may initiate eviction proceedings as soon as the rent is late.
Remember that the landlord and tenant might agree on various rent due dates, but such conditions must be in writing in the lease. For example, the landlord and tenant might agree that, although rent is due on the first of the month, the tenant will have three more days before the landlord charges a late fee or initiates eviction proceedings. Whatever the arrangement, both the landlord and the tenant are expected to obey the lease conditions.
Three-Day Notice in Ohio
When a tenant fails to pay rent, the first stage in the eviction process in Ohio is for the landlord to serve the tenant with a three-day notice, alerting the tenant that he or she has three days to vacate the rented property. Once the renter has received the three-day notice, the landlord is not required to accept rent payments. This implies that even if the tenant pays the landlord’s rent but does not vacate the rented unit, the landlord is not obligated to accept the payment and may continue with the eviction. If the tenant fails to vacate the rental unit, the landlord may file an eviction case in court (see Ohio Revised Code 1923.02(A)(9)).
The three-day notification must be written and contain the following facts to be valid:
date the notice was served on the tenant(s) tenant’s name(s) and address (s)
the reason for the notification (that the tenant failed to pay rent for a specified period of time)
a declaration that the tenant has three days to vacate the rental unit (the notice should include the precise date by which this must occur), and a certificate of service detailing how the tenant was served with the notice.
The notice must also include the following sentence, which must be prominent: “You have been requested to leave the property. If you do not depart, an eviction proceeding may be brought against you. If you have any questions about your legal rights and duties as a renter, it is best to get legal advice.” The print in Cleveland must be twice as big as the remainder of the message and in strong font.
Three-day notice samples are available online at the Rocky River Municipal Court and the Cleveland Housing Court.
In Ohio, a three-day notice is served.
When providing a three-day notice to a tenant, the landlord has three options:
The landlord may send the notice to the renter through certified mail with a return receipt desired.
The landlord might deliver the renter the notice in person.
The notification may be left at the rental unit in a visible location, such as taped to the front door.
Attending Court
If the tenant fails to vacate the rental unit within three days, the landlord may file a complaint with the municipal court or housing court of the county or township where the rental unit is situated. The cause for the eviction must be included in the complaint (see Ohio Revised Code 1923.05). The court will set a hearing date and time, and the tenant will get a copy of all documentation filed with the court. At the hearing, the judge will hear from both the landlord and the tenant before making an eviction decision. If the landlord is successful, he will be issued a writ of restitution, and the tenant will be ordered to vacate the premises by a certain date.
Unlawful Evictions
The only method for a landlord to legitimately remove a tenant is to win an eviction case. It is illegal for a landlord to evict a tenant by changing the locks on the doors or turning off the utilities. This is known as a “self-help” eviction, and if the landlord attempts to do this to the tenant, the tenant may claim for damages (see Ohio Revised Code 5321.15). More information about “self-help” evictions may be found here.