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Making an Ohio Eviction Notice
Ohio Eviction Notices are usually called a Notice to Leave the Premises and it starts the formal eviction process. If your tenant does not comply with the terms of the notice, you can file a complaint with the courts.
The first step towards evicting a tenant involves providing proper notice. If your tenants don't comply with the terms of the notice, you'll need to file a complaint called a "forcible entry and detainer suit" with the local municipal court.
A complaint and summons document will be sent to the tenants to notify them that you have filed a lawsuit and to let them know the court date and time. You may need to pay a fee for a constable or sheriff to deliver the court documents.
In Ohio, an Eviction Notice is most often called a Notice to Leave the Premises. The language contained in the notice changes depending on the circumstances. If your tenant has not paid rent, it will be a 3-Day Notice. If you are ending a month-to-month tenancy, it will be a 30-Day Notice. If the tenants have violated the lease, it will include a list of the lease violations.
It is simple to make a 3-, 7- or 30-Day Eviction Notice using Rocket Lawyer. We provide Eviction Notices suitable for use in Ohio. In most cases, you are required to provide this notice before you can file with the local courts.
You may use the Rocket Lawyer Ohio Eviction Notice if:
Rocket Lawyer makes it easy to create an Eviction Notice that is customized for your needs. Click on the Make Document button and, when asked, enter the following information:
Once you enter the above information, the Rocket Lawyer document builder will automatically put together your Ohio Eviction Notice with the required legal language. You can download the notice in PDF or Word format. You can also log in to your account at any time and edit the document.
If you need a different type of property management document, see our essential documents for landlords.
You can deliver the notice in person or by certified mail. You can also leave the notice in a conspicuous place such as posted to the front door. You'll want to make sure your tenants get the notice so they can properly respond. If they do not comply with the notice, you can start the formal eviction process with the courts.
The cost to evict a tenant can vary depending on several factors, such as serving and court fees. To make an Eviction Notice on Rocket Lawyer, however, is free.
If your tenants don't comply with the terms of the notice, you'll need to file a complaint called a "forcible entry and detainer suit" with the local municipal court. A complaint and summons document will then be sent to the tenants, notifying them that you have filed the eviction lawsuit and presenting them with the court date and time. There may be a fee charged for delivery of the documents.
An Ohio eviction may take between four to six weeks, from the posting of the notice to the removal of the tenant's belongings, depending on a number factors that include availability of court dates, the reason for the eviction, and the viability of possible tenant defenses.
While you can negotiate with your tenants and can nicely ask them to move, you cannot "make" them vacate on your own. It is illegal in every state, including Ohio, to use "self-help" tactics to try to get a tenant to move. You must go through the legal process properly to avoid being sued by the tenant.
In an attempt to force a tenant to move, you cannot:
You also cannot evict a renter based on discrimination or for purposes of retaliation. If you are not sure what might be considered harassment or discrimination, ask a lawyer.
In Ohio, both the tenant and the landlord have to comply with the terms of the lease agreement. If you don't comply, such as you don't pay rent, damage the property or disturb the neighbors, your landlord may choose to start the eviction process. If you feel the eviction is unfair or discriminatory, contact the fair housing agency or the Ohio Civil Rights Commission for assistance. If your eviction case is complicated, you may want to hire a lawyer.
Here are answers to some common eviction questions in Ohio:
How long do I have to pay rent?
You have as long as the notice says. In most cases, you need to pay the rent due within three days. The three days does not count weekends or holidays or the date on the notice. If you cannot pay rent, you should plan on moving quickly. It is not difficult for landlords to win eviction cases when the tenants cannot pay rent. If you see a "red tag" on the property that means you have five days to move. The entire eviction process usually takes about a month from the 3-Day notice through the "set out."
Should I fight an eviction?
It may or may not be in your best interest to try to contest an eviction. If you lose your case, you may have to pay your landlord's legal fees and more. In some areas, you may be able to find a low-cost mediator that can help you without going to court, which may be a better option for you. Or, if you can negotiate with your landlord before an eviction is filed that may be better. If you can work out a payment arrangement or other deal, make sure to get the agreement in writing and stick to the agreement.
What happens if I'm evicted?
If a judgment is made against you, you have about a week to move. You may be liable to pay for a cleaning fee from your deposit. Make sure your landlord has your new address so they can mail you the security deposit due to you, if any. You will get a judgment and eviction attached to your rental history which may make it difficult to rent in the future. If you do not move, a law enforcement officer may forcibly remove you from the property. This is called a set out.
What might happen to my things if I can't move them?
The landlord must appear to the set out with four people and boxes to move your items. Your original lease may explain what will happen to your things if you leave them behind. If it does not, your landlord may simply put valuable items into storage at your expense. They may also choose to leave your items on the curb. If your items are damaged, you may have some recourse available to you. If you do not claim your items, the landlord may choose to sell or otherwise dispose of your things.
To learn more about the eviction process and tenant rights, see our tenants legal help center.