Eviction
If you are worried about an eviction …
An eviction is a legal process in which a landlord removes a tenant from a rental property after filing for an eviction and receiving an eviction judgement from the courts. You can view legislation regarding evictions in the Ohio Revised code here:
codes.ohio.gov/Ohio-revised-code/section-1923.01
AVOID EVICTION AT ALL COST IF YOU CAN!
In many municipalities evictions cannot be expunged, meaning they are on your record forever. They are also a matter of public record, and anyone can use the Internet to find out if you have been evicted. Landlords often check tenants’ background to see if they’ve been evicted. If you have an eviction on your record, it can make it very difficult to find the housing you want. Call us if you are facing eviction or a landlord is threatening to evict you!
Ohio Revised Code Chapter 1923.01 Jurisdiction in forcible entry and detainer – definitions.
Reasons for Eviction.
Non-payment of rent.
If you do not pay your rent, a landlord may give you a 3-day notice to vacate the premises. If you do not vacate within three days, the landlord may file for an eviction with the court. If you are late paying rent, a landlord may refuse to accept your rent and give you a 3-day notice to vacate to begin the eviction process.
Violation of Terms or Conditions of a Lease.
If you violate any terms or conditons of your lease, a landlord may give you a 3-day notice to vacate the premises. If you do not vacate within three days, the landlord may file for an eviction with the court. Examples of “terms and conditions” include things like ‘no pets’, ‘no other tenants living on the property than those who signed the lease’, etc.
PLEASE NOTE: Depending on the term or condition, it can be difficult to prove that a lease violation has occurred. We encourage landlords to give tenants notice and time to correct the violation before giving them a 3-day notice.
Failure to Fulfill Tenant Obligations.
According to ORC §5321.11, if a tenant fails to fulfill their obligations under Ohio law, a landlord may give them a 30-day notice to correct the violation. If the tenant does not correct the violation within thirty days after receiving this notice, the landlord may give them a 3-day notice to vacate, and then file for eviction if they do not move out within three days. (See Tenant Obligations)
Failure to Comply With a 30-Day Notice to Vacate.
If a landlord issues you a 30-day notice to vacate the premises (see “30-day Notice”) and you do not move out, they may then give you a 3-day notice to vacate. If you do not move out within three days after receiving this notice, they may file for an eviction with the court.
Drug Activity.
A landlord may give a tenant a 3-day notice for any proven drug activity on the premises. See the ORC §1923.02(a)(i) and contact an attorney for details.
Eviction Process.
A landlord must give the tenant a notice stating that they have three days to move out or the landlord may file for an eviction. The 3-day notice must be delivered in person, by certificate of mail, or by posting at the rental property. The landlord may file for an eviction with the court four business days after the notice has been delivered if the tenant has not vacated the premises. A tenant can avoid eviction if they move out within three days and before the landlord files with the court. After a landlord file for an eviction, you will receive notice of the scheduled hearing date from your local courts. A tenant should always attend their scheduled hearing date or provide a written response!