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Ohio Revised Code on Evictions
Below are the chapters of the Ohio Revised Code dealing with evictions.
Some specific code sections related to evictions include, but are not limited to:
O.R.C. § 5321.03
Action for Posession by Landlord
O.R.C. § 5321.11
Failure of Tenant to Fulfill Obligations - Remedies of Landlord
O.R.C. § 5321.15
Acts of Landlord Prohibited if Residential Property Involved (No lock-outs, termination of utilities or seizing of tenant's possession without a court order)
Persons subject to forcible entry and detainer action
Ohio Revised Code - Notice Sections
Depending on the reason for the eviction, the Ohio eviction notice may be 3-days or 30-days.
For nonpayment of rent or in cases where the landlord has knowledge of a search warrant executed against the tenant or a person living on the property for illegal drug activity, the notice is 3-days. The notice must advise the tenants that they are being asked to leave or that an eviction action will be brought against them. They are also advised to seek legal assistance if they have any questions or concerns.
For matters concerning a breach or violation of a material provision in the written lease, the Ohio eviction notice is 30-days. This also applies to month-to-month tenancies where a full rental month’s notice is required.
These notices may be served personally on the tenant or given to someone residing there, or it may be posted on the unit door or left in a conspicuous location.
O.R.C. § 1923.04
A party desiring to commence an action under this chapter shall notify the adverse party to leave the premises, for the possession of which the action is about to be brought, three or more days before beginning the action, by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at the defendant's usual place of abode or at the premises from which the defendant is sought to be evicted.
O.R.C. § 5321.11
Failure of tenant to fulfill obligations (30 day notice)
O.R.C. § 5321.17
Termination of Tenancy
Franklin County Municipal Court Local Rules
In eviction cases the court may decide at the first hearing both causes of action. If the defendant appears, the court shall inquire whether the defendant chooses to contest the second cause of action. If the defendant responds affirmatively, leave shall be granted for response to the complaint. If the defendant makes a knowing waiver of the right to respond to the second cause, the court may proceed to hear both causes.
Should physical set-out of property be required pursuant to a writ of restitution of premises, plaintiff shall file with the clerk's office a "Request for Set-Out" on the form designated by the court, and pay the fee provided in Loc. R. 13, Schedule 9.00. The form must be filed and the fee paid within ten days after the issuance of the writ of execution for
restitution. No set out shall occur until five days
after service by the service bailiff of a red tag notice to vacate the premises. Request for an immediate set out from the premises shall be made at the time of the eviction hearing.
Schedule 9.00, Costs and Fees.
Effective April 1st, 2019, Franklin County Municipal Court Local Rule (Loc.R.13, Schedule 9.00) has been changed to reflect a change in filing fees for new eviction complaints.
New Filing Fees:
One Cause Eviction:
Two Cause Eviction: