Ohio Eviction Process [2025]

Eviction In Ohio

Filing for an eviction as a landlord is rarely ideal, given the process's many moving parts. The lawful removal of tenants from a residential property is often necessary, though, so understanding the fundamentals of the eviction proceedings in your business's state is extremely important.

Eviction is an intricate process governed by many federal, state, and local laws. These rules and regulations enshrine both the rights of tenants and landlords in law, ensuring that both parties are treated fairly and legally. Regulations and tenant rights can be ever-changing, so it's vital that you stay informed of state and local eviction legislation news that may affect you. As a landlord, understanding applicable laws allows you to run your business accordingly—that way, eviction cases are more likely to end in your favor.

If you own and rent properties in the state of Ohio, you are responsible for complying with Ohio eviction laws. It's always best to keep a trusted legal professional in your life so that they can guide you through any issues and questions that may arise. In this article, we break down each step of the legal eviction process in Ohio, types of eviction notices, squatters' rights, and more.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Ohio's eviction laws can be found at ORC § 1923 and 5321.

Reasons for Eviction in Ohio

In Ohio, tenants can be evicted for any of the following reasons as per ORC § 5321.03: nonpayment of rent, lease violations, and criminal/illegal activity. Eviction can also occur when the landlord needs to alter, remodel, or demolish the unit to comply with a building, housing, health, or safety code.

Nonpayment of Rent

Failure to pay rent on time or "default of rent", is one of the most common reasons for eviction in Ohio. Rental payments are considered late the day after they are due in accordance with the lease, as there are no legally mandated grace periods in the state. If a grace period is outlined in the lease, however, it must be honored and upheld by law. In the event of nonpayment, landlords will deliver to the tenant a 3-day notice, meaning they must pay all due rent or vacate the premises within the 3-day period following the notice.

Lease Violations

A violation of any terms outlined in the lease agreement is grounds for eviction, though some violations may be curable, meaning the tenant may not be evicted if they remedy the violation within a certain period of time. Typically, curable violations must be fixed in 30 days or less, otherwise tenants must vacate the property. Failure to do so allows the landlord to begin legal eviction proceedings.

Violations vary by lease, but a few examples include:

• Violating a building, housing, health, or safety code due to the tenant's (or their guest's) negligence
• Holding over after the lease terminates
• Unauthorized residents or animals living on the property

Illegal Activity

Tenants who commit illegal/criminal activity are subject to eviction laws, likely without the opportunity to cure the violation. These violations can include a number of crimes, including but not limited to:

• Illegal substance-related activity on the premises
• Intentionally or negligently destroying, defacing, damaging, or removing any part of the property
• Being listed on the state sex offender registry as being convicted or guilty of a sexually oriented or child-victim oriented offense (when the rental is located within 1,000 feet of a school, preschool, day-care, etc. per ORC § 5321.05(C))

In the event of illegal activity, landlords must typically issue a 3-day unconditional notice to quit the premises. Refusal allows the landlord to proceed with the legal eviction process.

Additional Reading: Ohio Landlord Tenant Rental Laws & Rights [2025]

Eviction Process in Ohio

1. Landlord serves a three- to thirty-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant a summons.
4. Tenant files an answer.
5. Landlord and tenant attend court hearing and receive judgment.
6. Tenant gets up to ten days to move out.
7. Sheriff arrives to forcibly remove the tenant.

In Ohio, evictions typically have two parts: First and Second “Causes,” or claims. The first cause is for possession, while the second cause is a monetary action for the rent or damages a tenant owes. These cases are part of the same lawsuit, but they are treated like separate cases and may be tried separately.

It’s also important to note that during any Ohio eviction, the court has the right to order an appropriate government agency to inspect the rental unit for code violations. If any violations are found, entrance to the unit may be forbidden or, if the violations were caused by the tenant, the court may award damages to the landlord (ORC § 1923.15).

1. Landlord Serves a Three- to Thirty-Day Eviction Notice

If any of the above lease violations occur, the landlord must first serve an Ohio eviction notice and state that the tenant has the appropriate number of days to remedy or cure the violation. There are three possible eviction notices a landlord may send in Ohio:

• Rent Demand Notice: 3 days to pay or quit. If rent is unpaid when due, the landlord must deliver this notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than three days after receipt of the notice) (ORC § 1923.04).
• Lease Violation Notice (Health or Safety): 30 days to cure or quit. If a tenant violates a lease term that materially affects health and safety, the landlord must deliver this notice stating the breach and what is required to remedy it, as well as the date on which the lease will terminate if the tenant does not cure the breach (not less than 30 days after receipt of the notice) (ORC § 5321.11).
• Unconditional Notice to Quit (Illegal Drug Activity): 3 days to quit. If the landlord has actual or reasonable knowledge that the tenant engaged in illegal drug activity (as defined by ORC § 2925) on the premises, the landlord may send this notice demanding that the tenant move out within three days. The landlord is not required to give the tenant an opportunity to fix the violation, and it may be sent regardless of whether the tenant has been charged or convicted of a drug-related crime (ORC § 5321.17(C)).

No matter the cause of the eviction, all notices must include the following 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)).

All eviction notices in Ohio must be delivered by either handing a written copy to the tenant in person, sending a copy by certified mail with return receipt requested, or by leaving a copy at the rental unit or usual place of abode (ORC § 1923.04(A)). For all evictions, the landlord may recover actual damages and reasonable attorney’s fees.

2. Landlord Files an Eviction Lawsuit with the Court

The next step of the eviction process in Ohio is filing an action with the court. If the tenant has not cured the breach by the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord should file a written Complaint for Eviction and Money Damages with an Ohio County Court, Municipal Court, or Court of Common Pleas (ORC § 1923.01(A)). Here’s what this complaint looks like in Warren County.

The complaint generally includes:

• The names and contact information of both parties
• The case number, court, and county
• A description of the rental property (address)
• The reason or basis for the eviction (e.g., the amount of overdue rent)
• The landlord’s signature with the date (ORC § 1923.05)

3. Court Serves Tenant a Summons

After the landlord files a complaint, the court will issue a summons to be served to the tenant with a copy of the complaint. The summons will state the time and date of the eviction hearing at which the tenant must appear to defend their case, as well as information about the action, the tenant’s rights, and a warning that failure to appear or deposit rent with the court (in certain cases) may result in eviction (ORC § 1923.06(B)).

For evictions based on illegal drug activity

The summons must be served within three working days after the complaint is filed, and the hearing will be set for no later than the thirtieth calendar day after the date the summons was served. The tenant is not required to file a written answer and may present any defenses they may have to the eviction at the trial. Additionally, no continuances will be permitted for evictions based on illegal drug activity (ORC § 1923.05).

For non-drug-related evictions

The summons must be served at least seven days before the hearing, which will be scheduled at least seven days later. The summons and complaint should be mailed to the tenant’s rental address by ordinary mail, and it should also be served personally by the sheriff of the county or other non-party and/or by leaving a copy with a person of suitable age and discretion found at the premises. If no one can be found, copies may be posted in a conspicuous place on the premises. If the sheriff or another person makes the service, they must return the process to the clerk within five days to prove that the documents were delivered properly. (ORC § 1923.06(A, C)).

4. Tenant Files an Answer

Although Ohio tenants aren’t required to file written answers with the court, in actions based on nonpayment, the tenant may make a counterclaim. This claim may be for any amount they may recover under the lease or the law. If they do file a counterclaim, the tenant may be required to pay into court all or part of the past and future due rent. These funds will be distributed to the appropriate party after the judgment is entered (ORC § 1923.061).

Additionally, either party may request a jury trial or a continuance at this time. The court will not grant a continuance longer than eight days, unless the landlord applies for it and the tenant consents or the tenant applies for it and gives an approved bond to the landlord for the payment of accrued rent (ORC § 1923.08).

5. Landlord and Tenant Attend Court Hearing and Receive Judgment

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment. If the judge rules in the landlord’s favor, they will enter a judgment for the landlord’s restitution of the premises and require the tenant to cover the costs of the lawsuit (ORC § 1923.09(A)).

6. Tenant Gets Up to Ten Days to Move Out

After the judgment has been entered, the landlord can request the court to issue a writ of execution on the judgment (ORC § 1923.13). The writ gives local law enforcement in the county the authority to remove the tenant from the premises. The sheriff is required to enforce the writ and remove the tenant within ten days of receiving it (ORC § 1923.14). This means that after the writ is posted at the rental unit, the tenant will have up to ten days to move out.

7. Sheriff Arrives to Forcibly Remove the Tenant

If the tenant has not moved out by the date specified on the writ, the sheriff will return to forcibly remove the tenant and restore possession to the landlord.

The tenant can still appeal the case by filing an appeal with the court. If the tenant does so, obtains a stay of execution, and pays any required bonds into the court, the judge will order the sheriff to restore possession to the tenant and delay all further eviction proceedings until the appeal is decided (ORC § 1923.14(A)). Ohio landlords are not required by law to store the tenant's personal property for a specific length of time after an eviction.

Evicting a Squatter in Ohio

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In Ohio, squatters must have lived in the property for 21 continuous years to invoke Ohio squatters rights and claim right of possession (ORC § 2305.04). Their possession must also be:

• Hostile/Adverse—The squatter must not have a valid lease with the owner
• Actual—The squatter must be actively residing on the property
• Open and Notorious—The squatter is openly and obviously living there.
• Exclusive—The squatter does not share possession of the property with anyone else.
• Continuous—The squatter must hold continuous and uninterrupted possession.

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Ohio to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Ohio, you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. Send the squatter an eviction notice as per Ohio eviction law.
6. If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.

Additional Reading: Ohio Squatters' Rights & Adverse Possession Laws [2025]

How Much Does Eviction Cost in Ohio?

Court fees for evictions in Ohio all vary by county, court, and process server. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

Below are examples of average court fees for Ohio counties and courts according to iPropertyManagement. See your city, county, or court’s website for a fee schedule specific to your region.

How Long Does Eviction Take in Ohio?

The chart below shows an estimate of the duration of each part of the Ohio eviction process timeline. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips for Landlords

The most effective way to avoid the stress and toll of eviction is to prevent it altogether. Taking proactive steps can reduce the likelihood of tenant issues down the line. Consider the following best practices:

• Screen applicants thoroughly using credit, criminal, background, and eviction checks to help avoid problematic tenancies from the start.
• Conduct regular property inspections to ensure lease terms are being followed and the unit is well-maintained.
• Use clear, plain language leases that outline expectations in plain language, minimizing confusion and potential disputes.
• Be flexible whenever possible by offering short grace periods or reasonable accommodations. This can help build trust and reduce tension.
• Keep communication open so tenants feel comfortable reporting issues early, before they escalate into larger problems.
• Avoid jumping straight to eviction—explore alternatives like payment plans or lease modifications when appropriate to resolve issues without going to court.

Additional Reading: Ohio Background Checks & Screening Online

If eviction becomes necessary, you’ll want to ensure your case is as strong as possible. Here’s how to protect your legal standing, business, and profits:

• Follow court procedures and deadlines closely to avoid delays or case dismissal.
• Maintain organized documentation of all tenant interactions, including payments, notices, and violations—these records can be crucial in court.
• Use property management software to automate notices and store digital records securely, making it easy to retrieve and present them if needed.
• Never attempt a “self-help” eviction by changing locks, cutting off utilities, or removing belongings, as doing so is illegal in Alabama and could lead to serious legal consequences.

Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Ohio laws on eviction, you can feel more confident pursuing an eviction in this state.

FAQs

How long does the entire eviction process take in Ohio?

The eviction process in Ohio typically takes between 5 to 8 weeks, depending on the type of violation, court schedules, and whether the tenant contests or appeals.

Can landlords in Ohio immediately evict for drug-related activity?

Yes. If landlords have actual or reasonable knowledge of illegal drug activity, they may issue a 3-day unconditional notice to quit, with no chance to cure.

Can squatters claim ownership of a property in Ohio?

Only squatters who have met very strict criteria--including living in the property continuously for at least 21 years and maintaining open, exclusive, and hostile possession - are eligible to file a claim for adverse possession in Ohio.

How long does the tenant have to move out after an eviction judgment in Ohio?

Once a writ is issued, Ohio tenants have up to 10 days to vacate the premises before the sheriff may forcibly remove them.

What is the difference between a “first cause” and a “second cause” in an Ohio eviction case?

A first cause eviction in Ohio addresses possession of the property (getting the tenant out), while the second cause seeks monetary damages like unpaid rent. These may be decided separately even though they are filed in the same case.

Can a tenant appeal an eviction judgment?

Yes. A tenant may appeal the eviction ruling by filing with the court and posting a required bond. If the appeal is accepted, eviction proceedings may be paused until the appeal is resolved.

Additional Resources

• Tenant’s Guide to Eviction Court – An explanation of eviction for tenants from the Legal Aid Society of Greater Cincinnati.