🏛️ Courthouse Information and Locations for Ohio
Ohio Eviction Laws: Notice Requirements, Process, and Timelines
Ohio handles evictions through Municipal Court or County Court using “Forcible Entry and Detainer” (FED) proceedings governed by Ohio Revised Code (ORC) Chapter 1923 and Chapter 5321. The state requires a 3-day notice to leave for nonpayment and most violations, with 30-day notice for health/safety lease violations. Ohio evictions typically have two separate “causes”: First Cause (possession) and Second Cause (damages/money owed). Landlords must personally appear and testify in court. Below you’ll find everything landlords need to know.
Ohio Eviction Laws
Comprehensive guide to Ohio's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Municipal Court or County Court - Forcible Entry and Detainer.
⚡ Quick Overview
💰 Nonpayment of Rent
Landlord-friendly state - no state-mandated grace period, no cure right for nonpayment, no caps on late fees or security deposits. 3-day notice must be full 72 hours excluding weekends and holidays. Accepting rent after notice waives it. Franklin County (Columbus) requires landlords to appear and testify in person. Tenant not required to file written answer - just appear.
📋 Lease Violation
Two-track system: (1) For violations materially affecting health and safety - 30-day notice to cure, then 3-day notice if not cured. (2) For other lease term violations - 3-day notice to leave (no cure right). Drug activity: immediate 3-day notice, no cure. Condominium violations: 10-day notice.
📬 Service of Process
3-day period = full 72 hours, does not include weekends or legal holidays. Summons and complaint must reach tenant at least 7 days before hearing. Service by ordinary mail also counts unless returned undeliverable.
🏛️ Court & Legal Information
Continuances limited to 8 days unless both parties agree or tenant posts bond. Red tag posting gives 5-7 days to vacate after judgment. Some cities have Pay-to-Stay that allows payment at hearing.
⚖️ Appeals & Post-Judgment
Red tag notice posted on door after judgment (5-7 day notice to vacate). Sheriff or bailiff returns for physical removal if tenant does not leave. Landlord pays set-out fee. Only sheriff/bailiff can execute.
📦 Tenant Property & Abandonment
Ohio has NO specific abandoned property statute for evictions. Best practice: landlord should inventory and store for reasonable period (typically 30 days). Some municipal courts order property set-out with specific timelines.
🏦 Security Deposits
No cap on security deposit amount. Must return within 30 days with itemized list of deductions. No requirement for interest-bearing account. Tenant can recover deposit plus damages and attorney fees if landlord fails to comply.
💵 Late Fees
Ohio has no statutory cap on late fees, grace periods, or application fees. Landlord-friendly - these are left to lease terms. Some local ordinances may restrict.
🛡️ Tenant Protections
Ohio preempts local rent control. ORC §5321.02 prohibits municipalities from enacting rent stabilization.
🏙️ Local Overrides & City-Specific Rules
Multiple Ohio cities have adopted Pay-to-Stay ordinances allowing tenants to pay all rent and fees at hearing to dismiss case. Details vary by city. Columbus (Franklin County) has additional procedural requirements for landlords.
Underground Landlord📝 Ohio Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Municipal Court or County Court - Forcible Entry and Detainer. Pay the filing fee (~$80-175).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Ohio
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified Ohio attorney for specific legal guidance.
Governing Law and Court System
Ohio evictions are governed by:
- ORC Chapter 1923: Forcible Entry and Detainer procedures
- ORC Chapter 5321: Landlords and Tenants Act
Courts: Cases are filed in the Municipal Court or County Court in the jurisdiction where the property is located.
Filing fees (vary by county):
- One Cause (possession only): ~$123
- Two Cause (possession + money damages): ~$160
- Additional fees for service and writ execution
Important: Since the T & R Properties v. Wimberley (2020) case, landlords and property managers must personally appear and testify in court—attorneys can no longer handle evictions with just an affidavit.
Self-Help Eviction Prohibited
Self-help evictions are illegal in Ohio (ORC § 5321.15). Landlords cannot:
- Change the locks
- Shut off utilities
- Remove tenant’s possessions
Only a writ of restitution executed by a court bailiff or sheriff can legally remove a tenant.
Understanding First and Second Cause
Ohio evictions uniquely involve two separate “causes” in the same lawsuit:
- First Cause: Action for possession (getting the tenant out)
- Second Cause: Monetary action for rent owed, damages, or other claims
These may be tried separately. The Second Cause hearing is often scheduled after the First Cause is resolved and the landlord can fully assess damages. At the first hearing, the court will ask if the tenant wishes to contest the Second Cause. If not, both may be decided together.
Legal Grounds for Eviction
Under ORC § 5321.03 and § 1923.02, landlords may evict for:
- Nonpayment of rent
- Lease violations materially affecting health and safety
- Breach of written rental agreement obligations
- Illegal drug activity
- Criminal activity
- Holdover after lease termination
- Month-to-month tenancy termination
- Sex offender living near school/daycare (within 1,000 feet)
- Landlord needs to alter/remodel/demolish to comply with code
Notice Requirements by Violation Type
Nonpayment of Rent: 3-Day Notice to Leave
When a tenant fails to pay rent:
- Serve 3-Day Notice to Leave the Premises
- Notice must include exact statutory language required by ORC § 1923.04(A)
- No statutory grace period—rent is late the day after it’s due
- Lease may provide a grace period that must be honored
- If tenant pays full rent within 3 days, matter is resolved
Lease Violations (Health/Safety): 30-Day Notice to Cure + 3-Day Notice
For violations of lease terms that materially affect health and safety:
- First serve 30-Day Notice specifying the violation and what’s needed to cure
- If tenant fails to remedy within 30 days, then serve 3-Day Notice to Leave
- Only then can eviction be filed
(ORC § 5321.11)
Other Lease Violations: 3-Day Notice to Leave
For breach of written rental agreement obligations (not health/safety related):
- Serve 3-Day Notice to Leave the Premises
- Landlord not required to give opportunity to cure
(ORC § 1923.02(A)(9))
Illegal Drug Activity: 3-Day Unconditional Notice
If landlord has actual or reasonable knowledge of illegal drug activity (ORC Chapter 2925):
- Serve 3-Day Notice to Leave
- No opportunity to cure
- Can proceed even without criminal charges or conviction
- Includes activity by tenant, household members, or persons on premises with tenant’s consent
(ORC § 5321.17(C), § 1923.02(A)(6))
Month-to-Month Termination: 30-Day Notice
To end a month-to-month tenancy without cause:
- Serve 30-Day Notice before the next rental period begins
- No specific reason required
- Year-long leases automatically convert to month-to-month when they end
(ORC § 5321.17(B))
End of Fixed-Term Lease
Landlord can decline to renew. If tenant holds over after lease expires, file eviction.
Required Statutory Language in All Notices
Every eviction notice in Ohio MUST include this exact statement:
“You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.”
(ORC § 1923.04(A))
Missing this language will likely result in case dismissal.
Service of Notice
Notices must be delivered by (ORC § 1923.04(A)):
- Personal delivery to the tenant
- Certified mail, return receipt requested
- Leaving at the rental unit or tenant’s usual place of abode
The 3-day period begins the day after service, excluding weekends and holidays for filing purposes.
Filing the Eviction Complaint
After the notice period expires, file a Complaint in Forcible Entry and Detainer in Municipal or County Court.
Required documents:
- FED Complaint (local court forms vary)
- Copy of written lease (if applicable—required as of March 2024 in some counties)
- Copy of 3-Day Notice
- Proof of service
- Rent ledger showing amounts owed
Important: All persons occupying the unit must be named in the complaint. If names are unknown, use “John Doe” or “Jane Doe” but you must identify and serve them by name before any hearing.
Service of Summons and Complaint
The court clerk will:
- Mail a copy by ordinary mail to tenant’s address
- Serve by certified mail, personal service, or leaving with someone of suitable age/discretion
Summons and complaint must be served at least 7 days before the hearing. (ORC § 1923.06)
Tenants are not required to file a written answer—they just need to appear at the hearing. However, they may file a written response.
The Court Hearing
Hearings are typically scheduled 7 to 21 days after filing (up to 30 days in some courts).
At the hearing:
- Landlord must personally appear and testify
- Present lease, notices, proof of service, rent ledger, evidence of violations
- Tenant may present defenses
- If tenant doesn’t appear, landlord can request default judgment
Continuances: Courts may grant one-week continuances (Franklin County typically grants one automatically to each side upon request).
Court inspection: The court may order a government agency to inspect the rental unit for code violations during any eviction.
Judgment and Writ of Restitution
If the landlord prevails:
- Court issues Judgment for Possession (First Cause)
- Landlord applies for Writ of Restitution (also called “red tag”)
- Writ must be applied for within 30 days of judgment
Red Tag process (example: Franklin County):
- Pay $35 fee for Writ of Restitution
- Bailiff posts red tag at property (typically within 1-2 business days, but may take longer)
- Tenant has 5 days to vacate (includes day of posting, weekends, and holidays)
- Tenant may remove the red tag, but this doesn’t affect its validity
Set-Out (Physical Removal)
If tenant doesn’t leave after the 5-day period:
- Landlord must apply for a set-out (additional fee ~$45)
- Set-out must occur between day 6 and day 10 after red tag posting
- Schedule with bailiff’s office
- Landlord must provide: at least 4 adults to move belongings, trash bags, boxes, tarps
- Sheriff/bailiff supervises but doesn’t move property
- Belongings placed on ground/curb on clean plastic sheeting
- After 48 hours, unclaimed belongings may be disposed of (varies by county)
The sheriff must enforce the writ within 10 days of receiving it. (ORC § 1923.14)
Appeals
Either party has 30 days to appeal the judgment. Tenant must post a bond to pause enforcement during appeal.
Landlord can also appeal within 5 days if they lose (request for reconsideration).
Attorney’s Fees and Costs
For all evictions, landlords may recover actual damages and reasonable attorney’s fees. The court may order the tenant to pay lawsuit costs if landlord wins. (ORC § 1923.09(A))
Tenant Defenses
- Defective notice: Missing statutory language, wrong notice type, insufficient time
- Improper service: Notice not properly delivered
- Retaliation: Eviction in response to tenant complaints about code violations or exercising legal rights (ORC § 5321.02)
- Habitability: Landlord failed to maintain premises (tenant must follow rent escrow procedures)
- Payment: Rent was paid or tenant paid into escrow
- Discrimination
Note on habitability defense: Needed repairs are generally not a defense to nonpayment eviction unless the tenant properly notified the landlord in writing and escrowed the rent according to procedure.
Typical Timeline
- Notice period: 3-30 days (depending on grounds)
- Filing to hearing: 7-21 days
- Writ application deadline: Within 30 days of judgment
- Red tag posting: 1-2 business days (may be longer)
- Vacate after red tag: 5 days
- Set-out if needed: Days 6-10 after red tag
- Total (uncontested): 5-8 weeks
- Contested with appeal: Several additional months
Best Practices for Ohio Landlords
- Always include statutory language in every notice—missing it means dismissal
- Use certified mail for notices when possible
- Attach written lease to complaint (required in some counties)
- Name all occupants in the complaint
- Plan to personally appear and testify at hearing
- Apply for writ within 30 days of judgment
- Don’t accept partial payments during eviction—may waive the action
- After red tag expires, check if tenant left before scheduling set-out
- Have 4+ adults and supplies ready for set-out
- Change locks immediately after set-out
- Never attempt self-help eviction
Columbus and Major City Notes
- Columbus (Franklin County): One-week continuances granted automatically to each side; source of income discrimination prohibited; security deposit installment options required
- Cleveland, Columbus: Confirm whether local ordinances require additional notice or timing
- 2024 relocation assistance: Some localities require landlords to provide relocation assistance when property has code problems
Quick Reference: Ohio Eviction Rules
- Nonpayment of rent: 3-day notice
- Lease violations (health/safety): 30-day notice + 3-day notice
- Other lease violations: 3-day notice
- Illegal drug activity: 3-day notice (no cure)
- Month-to-month termination: 30-day notice
- Statutory warning language: REQUIRED in all notices
- Summons service: At least 7 days before hearing
- Hearing scheduled: 7-21 days after filing
- First Cause: Possession
- Second Cause: Money damages
- Writ application deadline: 30 days after judgment
- Red tag/vacate period: 5 days
- Sheriff execution deadline: 10 days
- Appeal deadline: 30 days
- Property after set-out: 48 hours before disposal
- Filing fees: ~$123-$160
- Governing law: ORC Chapters 1923, 5321
Bottom line: Ohio’s eviction process moves relatively quickly but requires strict compliance with notice requirements, especially the mandatory statutory language. The unique First Cause/Second Cause structure separates possession from damages claims. Landlords must personally appear and testify—attorney representation alone is no longer sufficient. The “red tag” writ process gives tenants 5 days to vacate after posting, with set-out available thereafter. Never attempt self-help eviction and always include the exact statutory language in every notice to avoid dismissal.