Ohio Statewide Rule
Ohio Eviction Notice and Forcible Entry & Detainer
Key Facts
- Pre-suit notice
- 3-day notice to leave (ORC 1923.04)
- Required warning
- Statutory conspicuous language mandatory
- Service methods
- Certified mail, personal delivery, or posting
- Hearing
- No sooner than 7 days after service (ORC 1923.06)
- Removal
- Court writ of restitution only; no self-help
Summary
Before filing an eviction in Ohio, a landlord must serve a 3-day notice to leave the premises under Ohio Revised Code 1923.04, including specific statutory warning language. The landlord then files a forcible entry and detainer action; the hearing is no sooner than 7 days after service, and only a writ of restitution removes the tenant.
(A) Except as provided in division (B) or (C) of this section, a party desiring to commence an action under this chapter shall notify the adverse party to leave the premises, for the possession of which the action is about to be brought, three or more days before beginning the action, by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at the defendant's usual place of abode or at the premises from which the defendant is sought to be evicted.
Full Breakdown
ORC 1923.04 requires the landlord to "notify the adverse party to leave the premises... three or more days before beginning the action," served by certified mail, by personal delivery, or by leaving a copy at the tenant's usual place of abode or at the premises. For residential premises the notice must conspicuously state: "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." After the 3 days pass, the landlord files a forcible entry and detainer complaint; under ORC 1923.06 the possession hearing is set no sooner than the seventh day after service. If the landlord prevails, the court issues a writ of restitution and only a bailiff may remove the tenant. Self-help lockouts are unlawful.
Violations & Penalties
A self-help eviction, lockout, or utility shutoff is unlawful; under ORC 5321.15 a landlord who excludes a tenant or terminates utilities is liable for actual damages plus reasonable attorney's fees. Filing without a proper 3-day notice results in dismissal.
Frequently Asked Questions
How long is the eviction notice in Ohio?
Can an Ohio landlord evict without going to court?
Sources
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