Ohio Landlord Tenant Legal Rights

Q.  In Ohio, how much notice does a landlord have to give to evict a residential tenant?

A.  The answer is that it depends.  If the tenant has breached the lease or is holding over after the tenancy has expired, then the landlord need only post a three day notice.  But if the tenant has violated Ohio Revised Code Section 5321.05, then the landlord must give the tenant 30 days to fix the problem first, and then, if the tenant has not remedied the problem, then a three day notice may be posted.

If the relationship between the landlord and the tenant is month to month, then Ohio Revised Code Section 5321.17 requires that the landlord give the tenant 30 day’s notice that the month to month tenancy will be ending.  The timing of the thirty days is important, as the 30 day time period only begins to count from the start of the next rental term.  If the tenant holds over after that, then the landlord need only post the three day notice to vacate.

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For residential evictions in private rental situation (no HUD funding), the lease has to have ended or there has to be a breach of the lease by the tenant. Once either of these two things happen, then the landlord can hang a three day notice to vacate upon the door of the rented premises. That three day notice must contain certain statutorily required wording that must be set apart from the rest of the notice in typeface and size.

The landlord must then wait three business days, and then the landlord may file a forcible entry and detainer action (FED) with the court. The court will then set a hearing date to make a determination of who has the right to possession of the rental property. This hearing is usually conducted within three weeks of filing.

If the court determines that the lanldord has the right to possession after hearing both sides of the dispute, then the court will order a decision which can be turned into a Writ of Restitution for the premises. Many counties will then require the landlord to get a Praecipe for Set Out where a law enforcement officer will meet the landlord, a locksmith, and a moving crew at the premises. The locks will then be changed, the tenant will be escorted off the premises, and the work crew will remove all of the tenant’s belongings to the curb. Some courts have local rules requring the landlord to store the tenant’s belongings safely for a certain period of time. Others do not.

See our Complete guide to performing an eviction in Ohio

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Q.  Can I get out of my lease agreement if not everyone signs it?

A.  In Ohio, the answer is that it depends.  There is case law out of Ohio’s Tenth District Court of Appeals that if not all of the tenants listed in the lease signs the lease, then this is grounds to get out before the date of possession.  In one case there were two tenants who were going to rent a garage to start a repair business.  When it came time to sign the lease, only one tenant signed it, and the other tenant refused.  When the landlord tried to hold the one tenant who did sign to the lease agreement, the court held that both tenants had to sign to bind either one.

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Question: My girlfriend rented an apartment in Westerville for her ailing grandfather. She purchased furniture and housewares for it, but he passed away before he could move to Ohio and move into the apartment. We moved the things out, and the apartment manager kept half ($200) of the security deposit, citing damage (a gouge?) to the counter-tops.

I’m confident that no damage was done moving in or out, but additionally, the manager indicated that the damage had been hastily repaired and painted over (by her or her crew), so I’m absolutely certain we’re not responsible for it. The manager said that she is sure we are responsible for the damage because she checked with the previous tenants and they said they weren’t responsible for the damage. Do we have any recourse?

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