| 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. Note that in Franklin County, the 10th Dist. Court of Appeals has said that 30 days notice must be given for nonpayment of rent, if the tenant lives in subsidized housing, or the property is backed by a federal mortgage. 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. |
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. 1923.02(A)(6)(a)(i)
|
|
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. |
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. If there is a written lease, it must be attached to the complaint. 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. |
Franklin County Municipal Court Rule 9.06
|
| Filing Fee | One Cause $123 (with Second Cause $160) | 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. File on the 3rd Floor of 375 South High Street in downtown Columbus.
|
|
| 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. | ||
| 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. | |
| 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. |