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Ohio Law Time Lines: Eviction

Eviction Time Line in Franklin County Municipal Court

Step Content or Form References to Ohio Law

Depending on the reason for the eviction, the notice to leave may be 3 or 30 days. 

3- Day Notice

For nonpayment of rent, or in cases where the landlord has knowledge of a search warrant executed against the tenant for illegal drug activity, a 3 day notice can be given. The notice must be for a full 72 hours, and cannot include weekends or holidays.

30 - Day Notice

In all other cases, the landlord must give the tenant a 30 day notice. The 30 days does include weekends and holidays.

Eviction Notice to Leave

The notice may be served personally on the tenant, or it may be posted on the unit door or left in a conspicuous location.

OH. Rev. Code Sec. 1923.04

 

 

OH. Rev. Code Sec. 1923.02(A)(6)(a)(i) 

 

 

OH. Rev. Code Sec. 5321.17

         

     

If tenant does not leave after 3 or 30 days, the landlord can file an Eviction Complaint in Franklin County Municipal Court. A copy of the Notice to Leave must be filed with the Complaint. 

After at least 7 days (not counting Sundays and holidays) of service of the Complaint, the hearing on the First Cause of Action for Eviction may be held.

The tenant may request a one week continuance if the tenant shows up to the hearing.

Eviction Complaint

An Eviction Complaint must contain a first cause of action and may contain a second cause of action. The first cause helps the landlord regain possession of the property. The second cause is a way for the landlord to recover money damages from the tenant for back rent and utilities and property damage. Hearings for the first and second causes usually take place at different times.

OH. Rev. Code Sec. 1923.02

 

 

 

 

OH. Rev. Code Sec. 1923.08

Filing Fee $133 Franklin County Municipal Website

Instructions for Service of the Complaint

The permissible methods of service of the summons and complaint are detailed in OH. Rev. Code Sec. 1923.06.

To file, the Landlord needs:

1)The original Eviction Complaint

2) A copy of the Notice to Leave

3) Two additional copies of the Complaint and Notice to Leave for each tenant evicted.

Bring $133 to the 3rd Floor of 375 South High Street in downtown Columbus.

 

Filing for Eviction : A Landlord's Guide

OH. Rev. Code Sec. 1923.06

Local Rule 9.06

Tenant may file an answer for the first cause of action, but any defenses may also be asserted at the eviction hearing. Answer OH. Rev. Code Sec. 1923.061
Even If the tenant does not appear for the hearing, the court will try the case as if the tenant was present. A default judgment will be granted if the landlord proves his case. At the hearing, the parties who appear present their evidence. The landlord should bring a copy of the written lease, if there is one. OH. Rev. Code Sec. 1923.07
If the landlord included a second cause of action for money damages, the tenant may request that the court continue the trial on these claims. In which case, the second cause proceeds as a regular lawsuit, with tenant having 28 days to answer the complaint. 

Answer & Counterclaim

OH. Rev. Code Sec. 1923.081

If the landlord wins the first cause of action, the tenant will receive a red tag door on the property. Tenant has 5 days to move out and return the keys to the landlord. In the event that the tenant stays past the 5 days, the landlord may request that the court set-out the tenant. A set-out must be requested after the 5th day, but no longer than 10 days after the red tag was placed on the property. Landlord can complete the paperwork for a set-out and pay the fees at the Franklin County Municipal Court Clerk's office on the 3rd Floor of 375 South High Street.  Instructions for Obtaining Writs of Restitution and Request for Set-Out.

OH. Rev. Code Sec. 1923.14

Local Rule 9.06

Local Rule 6.08

Local Rule 13, Schedule 9.00

Pretrial hearing on second cause of action Judge will set a schedule for future hearings, and ask if parties can reach an agreement.  
Final hearing on second cause of action Judge will issue decision at some point after the hearing.