Key Takeaways
- Eviction Must Follow the Law: Landlords in Ohio can remove tenants for reasons like unpaid rent, lease violations, or illegal activity, but the process must strictly follow state guidelines.
- Different Notices for Different Issues: Ohio law requires a 3-Day Notice to Leave for nonpayment of rent and many lease violations, including illegal activity. A 30-day notice to remedy or vacate is required for violations that materially affect health or safety (Ohio Rev. Code § 5321.11). A 30-day termination notice also applies to month-to-month tenancies or when ending a lease at expiration, unless the lease specifies otherwise (Ohio Rev. Code § 5321.17).
One of the rights landlords have under Ohio rental laws is the ability to evict tenants from rented premises. But in so doing, you must ensure you strictly follow the state’s eviction process.
Just because you have fallen out with the resident doesn’t mean you can evict them in whatever manner you choose. You must abide by the law.
Luckily for you, the Ohio eviction process is quite straightforward. In uncontested cases, an eviction in Ohio often takes 5 to 8 weeks from notice to removal. However, the timeline can vary depending on court scheduling, whether the tenant contests, and other procedural factors.
In this blog by Doorvest Cleveland, we’ll walk you through the basics of what you need to know in this regard. Please note that you should only consider the process as a last resort, as it can be stressful, costly, and time-consuming.
Legal Grounds for Eviction in Ohio
In Cleveland, Ohio, landlords may evict a tenant for the following reasons:
- Failure to pay rent on time.
- Remaining in the rental unit after the lease has expired.
- Violating the terms or conditions of the lease agreement.
- Engaging in illegal activity on the property.
Eviction Notices for Lease Termination
You must then serve the resident with an appropriate eviction notice. The purpose of an eviction notice is to inform the resident of the violation and let them know what action they should take.
The type of eviction notice to use is determined by the reason for the termination. In Ohio, eviction notices are as follows:
3-Day Notices in Ohio
1. Nonpayment of Rent
If a tenant fails to pay rent on time, you may serve a 3-day notice requiring them to either pay the balance due or vacate the property.
In Ohio, if rent is not paid by the due date stated in the lease, the landlord may serve a 3-Day Notice to Leave. Ohio law does not require a statutory grace period, though a lease agreement may include one.
2. Lease Violations
When a tenant violates the terms of the lease, such as keeping an unauthorized pet, refusing lawful landlord entry, causing property damage, or making unapproved alterations.
For many lease violations (including nonpayment and illegal activity), Ohio requires an unconditional 3-Day Notice to Leave, meaning the tenant must vacate and is not entitled to cure.
However, for violations that materially affect health or safety, landlords must first give a 30-day notice to remedy or vacate under Ohio Rev. Code § 5321.11. If the tenant does not correct the violation within 30 days, then a 3-Day Notice to Leave may follow.
3. Illegal Activity
If a tenant engages in illegal activity on the property, including drug-related offenses or causing significant property damage, you may serve a 3-day notice requiring them to vacate. This notice is not curable, which means the tenant cannot fix the violation and must leave the property.
30-Day Notices in Ohio
1. End of Lease or No Lease
Tenants who remain in a property without a lease, or who stay after their lease has expired, can be served with a 30-day notice to vacate. This notice is not curable, and the tenant must move out within 30 days or risk a court-ordered eviction.
2. Health and Safety Violations
A landlord may also issue a 30-day notice if a tenant fails to maintain safe and habitable living conditions. Examples include not keeping the unit clean and sanitary, storing excessive combustible materials, creating conditions that attract pests, or failing to report damages that worsen over time.
If the tenant does not resolve the problem within 30 days, you may proceed with eviction.
Serving the Tenant With an Eviction Notice
You must serve the aforementioned eviction notices in a particular manner. In Cleveland, Ohio, you must deliver them using any of the following methods.
- Personally delivering a copy to the resident.
- Leaving a copy at the resident’s premises.
- Mailing a copy via certified mail.
Also, please note that Ohio eviction notices must contain the following language to be complete:
“You are being asked to vacate the rental property. If you fail to do so, an eviction action may be taken against you. If you are in doubt about your tenants’ rights and responsibilities, please seek expert legal services.”
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Tenant Eviction Defenses in Ohio
An eviction defense is a reason the resident may have for objecting to their removal from their rented premises. These can allow the resident to continue staying on the property. That’s why you must ensure the process strictly abides by the law. The following are some examples of valid tenant legal defenses in Ohio:
- The landlord used a “self-help” method to evict the tenant from the unit.
- The resident didn’t violate the lease as the landlord alleges.
- The tenant fixed a curable violation.
- The landlord discriminated against the resident based on a protected class outlined in the Fair Housing Act.
- The landlord evicted the tenant using retaliatory means.
Attending the Court Hearing
In Ohio, eviction hearings often take place within 30 days after a complaint and summons have been served on the resident.
If the resident chooses not to contest their eviction, the court will issue a default judgment in favor of the landlord. But if the tenant chooses to contest, the court will schedule a hearing.
If the court rules in favor of the landlord, it will issue a Writ of Restitution (also called a Writ of Execution). This typically gives the tenant 10 days to vacate. If the tenant does not leave within that period, law enforcement may carry out the eviction.
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Bottom Line
Tenant evictions in Ohio must strictly follow the state’s removal process. The same attention to detail applies to security deposit laws, since improper handling of a tenant’s deposit can complicate an eviction case or lead to additional disputes.
Mistakes, even unintentional ones, can, and often will, derail the process.
Doorvest Cleveland is a quality full-service property management company. We can help sort out all your property management needs. From choosing residents and filling vacancies, to setting the right rent amount, and everything in between. Get in touch with our team to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.