How does the residential eviction process work in Ohio?

Posted on August 29th, 2008 in evictions by ohiolandlordtenant

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