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Evictions in Ohio
Landlords can
evict tenants for the following reasons:
- Tenants’ failure to pay rent when due.
- Tenants’ false complaints to a governmental
agency about housing violations which were
really caused by the tenants or guests.
- The landlords compliance with housing laws
would require alteration or demolition of the
building which would deprive the tenant of
effective use of the premises.
- The lease has expired.
- Tenants’ violations of important terms of
the lease.
- Tenants’ failure to comply with proper
notice to correct situations which materially
affect health or safety.
- Tenants’ refusal to permit landlords
reasonable access to the unit, unless the
landlord hasn’t given prior 24 hour notice
(Landlord Tenant and the Ohio Law 12).
- holding over beyond the term of the rental
agreement.
To bring an eviction
action, the landlord must first serve the tenant
with a three (3) day notice to vacate. This
notice must set forth the reason for the demand to
vacate and also notify the tenant that:
"You are being asked to leave the premises. If
you do not leave, an eviction 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."
Example:
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The three(3) day period, for purposes of this
notice, does NOT INCLUDE the day upon which the
notice is given or intervening Saturdays, Sunday or
holidays. After the three (3) days pass, on the
following day, the landlord may file the complaint
for forcible entry and detainer in the Lakewood
Municipal Court. In the Lakewood Court the filing
fee for an eviction is $80 for the first adult
defendant named and $5 extra for each additional
adult defendant named in the complaint. A hearing
will be scheduled approximately two (2) weeks after
the day on which the case is filed. This first
hearing will determine the landlord's right to
regain control of the premises. The landlord should
prepare by bringing copies of all notices, the
written rental agreement and other documents that
may be relevant to the case. If the court grants the
eviction, the landlord may then ask the court to
issue a Writ of Restitution. |
| This authorizes the
court to send a bailiff out to the property to
remove the tenant and their belongings from the
unit. The bailiff will witness the changing of the
locks on the unit and will inventory any tenant
belongings left behind. The landlord cannot hold the
tenant's belongings in lieu of rent. The court
recommends that the landlord provide for storage of
the property in a garage, attic or through a storage
company for a reasonable length of time. (Generally
thirty days.) |
Eviction: Money Damages, the Second Cause
A second hearing will be scheduled about a month
after the eviction action is initially filed. This
"second cause of action hearing" is set to
determine what monies are owed by the tenant to the
landlord. The tenant may answer the complaint within
28 days of receiving the complaint in the mail.
Failure to file an answer within the 28 day time
limit will result in a Default Judgment against the
tenant. A Default Judgment will prevent the tenant
from later objecting to the amount of damages the
Court may award to the landlord. The tenant has the
right to counterclaim for money damages; to deny the
landlord's charges; and/or assert a reduction in
value of the rental unit. The tenant has the right
to have these costs offset against any security
deposit that is being held by the landlord. Not all
cases will include a "second cause" for
money damages. If there is only a claim for
eviction, the case will be terminated until the
landlord recovers a money judgment against the
tenant or the case is dismissed through settlement
or court action. The tenant, therefore, must notify
the Clerk of Courts in writing of his or her new
address. Failure to leave a written forwarding
address with the Clerk may result in your not
receiving notice of the hearing on a "second
cause."
Self-help Evictions are Illegal. A landlord can only
legally regain the use of the premises by properly
filing for and obtaining judgment for an eviction,
and then requesting that the Court issue a Writ of
Restitution. The COURT will then send a bailiff out
to the premises to oversee the changing of the locks
on the unit. Whether or not a tenant's right to
continued use of the premises has ended, a landlord
may not shutoff utilities, change locks or seize a
tenant's personal property. (ORC section 5321.15)
Even if a court has held for an eviction, the
landlord must allow the bailiff to remove the tenant
from the premises. If a landlord does any of the
above, the tenant may contact an attorney and seek
immediate action from the court. The landlord will
be liable for all actual damages to the tenant and
for any reasonable attorney's fees.
It is wise to consult an attorney
to protect your legal rights if your landlord seeks
possession of your apartment. Never ignore legal
papers. |
