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Ohio Eviction Process: How Long Does It Take For Landlords And Property Managers?

Published on April 18, 2023

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Ohio Eviction Process: How Long Does It Take For Landlords And Property Managers?

Understanding Ohio Eviction Laws

Eviction laws in Ohio vary depending on the circumstance, but in general they follow the same process. Generally, a landlord or property manager must provide a tenant with a written notice of eviction and give them time to pay rent or vacate the premises.

The amount of time allowed is typically 30 days, but this can be longer depending on the situation. After that period of time passes, if the tenant has not paid or vacated, the landlord can file an eviction lawsuit in court.

The court will then set a hearing date for both parties to present their case. The judge will then decide whether to grant an eviction order or not.

If granted, the tenant will have a certain amount of time - typically 5-7 days - to move out before law enforcement is called to remove them from the property. Landlords should also be aware that any damages caused by tenants during an eviction must be compensated for according to Ohio law.

Pre-eviction Requirements And Obligations

how long does a eviction process take

The Ohio eviction process requires landlords and property managers to meet certain pre-eviction requirements and obligations. These include providing the tenant with a written notice of eviction, which must be served either by personal delivery or certified mail, return receipt requested.

It is important for landlords to ensure that all the legal language in the notice is correct and that the tenant is given sufficient time to respond or vacate as specified in the notice. Landlords must also provide a copy of the eviction complaint and summons to the tenant, either personally or through certified mail with return receipt requested.

In addition, if the landlord has obtained a judgment against the tenant for unpaid rent or damages, they must provide an execution order signed by a judge authorizing law enforcement officers to enforce it. Finally, landlords must wait until all appeals have been decided before beginning any action to remove a tenant from their property.

Legal Grounds For Eviction In Ohio

In Ohio, a landlord or property manager can legally evict a tenant for reasons such as non-payment of rent and damaging the rental property. Other legal grounds for eviction include illegal activities on the premises, violating the lease agreement, allowing unauthorized occupants to reside in the unit, or causing a nuisance.

If a tenant fails to comply with an order to quit or vacate within three days of being served with an eviction notice, then the landlord may file suit in court. The court will decide if there is sufficient cause to grant an eviction.

If granted, the landlord will be able to obtain possession of the rental unit and begin the eviction process.

Documenting The Eviction Process

how long is the eviction process

When evicting a tenant in Ohio, it is important to document the entire eviction process to ensure that all of the proper steps have been taken. Landlords and property managers should follow the state's legal process to ensure that the eviction is done properly and efficiently.

This includes providing written notice to the tenant, filing an eviction complaint with the court and obtaining a writ of restitution from the court. Notices must be posted in a visible area of the property and served to tenants by certified mail or personal service.

Depending on whether or not a tenant contests the eviction, landlords can expect it to take anywhere from one week up to several months for them to regain possession of their property. It is important for landlords and property managers to understand Ohio's landlord-tenant law so they can make sure all aspects of an eviction are legally compliant.

Following these steps helps protect landlords’ rights and ensures that their tenants are treated fairly throughout the entire process.

Serving Notice To The Tenant

Serving notice to the tenant is one of the most important steps in the Ohio eviction process. According to state law, landlords and property managers must serve a written notice to the tenant before they can proceed with evicting them.

The type of notice required depends on why the landlord or manager is trying to evict the tenant. For example, if it is for nonpayment of rent, a 3-Day Notice To Vacate must be served.

If it is for any other reasons, such as damage or breach of contract, a 30-Day Notice To Vacate must be served. Depending on whether it’s a 3-Day or 30-Day Notice, tenants have either three or thirty days from when they receive the notice to leave the property.

Failing to do so within that time frame will result in landlords initiating court proceedings. Therefore, serving proper notice is an essential part of Ohio’s eviction process and is necessary for landlords and property managers who want to move forward with evicting their tenants.

Types Of Notices For Termination With/without Cause

how long is an eviction process

The eviction process in Ohio requires a landlord or property manager to give notice of termination, either with or without cause. Depending on the type of tenancy and reason for termination, the notice period can vary from 5 days to 30 days.

A landlord must provide a 5-day notice if the tenant has failed to pay rent or is using the rental unit for an illegal purpose. If the tenant has violated the terms of their lease agreement, such as having unauthorized guests, then the landlord may serve a 30-day notice without cause.

On the other hand, if cause is present, such as if there is evidence that the tenant is damaging property, then only a 3-day notice is required. Regardless of what type of notice is given, it must be in writing and include information such as name and address of both parties involved in addition to the date and reason for termination.

Serving this kind of notice initiates the eviction process and allows landlords to reclaim their property faster while still adhering to state regulations.

Preparing For Court Proceedings

When a landlord or property manager in Ohio decides to evict a tenant, they must understand what is involved with the court proceedings. It is important to know that the eviction process can be lengthy and complex.

Before any legal action can begin, the landlord must first file a complaint with their county court. Depending on the jurisdiction, this could require multiple forms such as an eviction notice, affidavit of service and other documents.

Additionally, landlords must prove that they are legally entitled to possession of the rental unit and that specific procedures have been followed before going to court. After filing the complaint, the tenant will receive notification of the hearing date from either the landlord or court clerk.

At this point, it is wise for both parties to seek out legal counsel in order to prepare arguments for their respective cases. During these hearings, tenants may be able to contest their eviction as long as they provide adequate evidence for why they should not be removed from their residence.

Moreover, if an agreement is not reached during this initial hearing then further proceedings may have to take place such as a trial or even appeals process. Therefore, it is essential for landlords and property managers in Ohio to understand all aspects of the eviction process before initiating legal action against their tenants.

Tenant Defenses And Rebuttals

evicting a tenant without lease

When it comes to an Ohio eviction process, a tenant may feel powerless when confronted with the possibility of being required to vacate a rental property. However, there are certain defenses and rebuttals that tenants can use to their advantage in order to protect their rights and potentially avoid the eviction process altogether.

For example, if a tenant can prove that a landlord failed to make timely repairs or provide adequate living conditions then they may have grounds for defense. Additionally, if a landlord fails to abide by local and state laws regarding tenant notices or other related legal requirements then they may also be subject to rebuttal.

Tenants should also be aware of any applicable rent control ordinances or other regulations governing evictions in their specific area as they can provide additional protection against unfair evictions. By understanding these defenses and rebuttals, tenants can better equip themselves when facing an Ohio eviction process initiated by landlords or property managers.

Removal Of The Tenant And Possession Retrieval

The Ohio eviction process requires a landlord or property manager to remove the tenant and retrieve possession of the property. This is done through filing an eviction complaint with the court, serving notice to the tenant, holding a hearing, and obtaining an order of eviction.

The process typically takes between two and four weeks depending on the situation. After filing the complaint, landlords must serve it to the tenant in person or through certified mail.

The tenant then has three days to respond in court. Once all necessary paperwork is filed and served, a hearing is held before a judge who will decide if an order of eviction should be issued.

If an order of evicting is granted, landlords must post it on the premises at least seven days before they can take physical possession of the property. In some cases, this process can be expedited but generally it takes two to four weeks for landlords or property managers to complete an Ohio eviction process and retrieve possession of their property.

What To Do After Eviction Is Granted

how long does it take to evict a tenant

Once an eviction has been granted in Ohio, landlords and property managers may begin the process of evicting a tenant. The most important steps to take are to obtain an order for possession from the court and then to serve that order on the tenant.

This is generally done with assistance from a sheriff or constable. Once this step has been completed, it can be difficult for tenants to remain in the rental property and the landlord or manager can take whatever measures necessary to remove them from the premises, such as changing locks.

If there is any personal property left behind by the evicted tenant, it becomes the responsibility of the landlord or manager who must ensure that all items are stored safely in a secure location until they can be retrieved by the former tenant. It is also important that any remaining rent owed to the landlord or manager is collected, either through other means such as wage garnishment or through a settlement agreement.

Filing A Complaint And Showing Evidence In Court

Filing a complaint for eviction in Ohio typically involves first submitting a written notice to the tenant and then filing a Summons and Complaint with the local court. The tenant then has eight days to respond to the landlord's complaint.

When responding, the tenant can either agree to the terms or file an answer challenging the allegations. If the tenant does not respond within eight days, the landlord may request a default judgment from the court.

To obtain a judgment in favor of eviction, the landlord must provide evidence such as rental agreements, unpaid rent statements, or violation notices. The court will take into account all evidence presented before deciding on whether or not to grant an eviction order.

Once granted, it can take anywhere between one and three months for it to be executed and enforced depending on various factors such as if there is an appeal involved or other circumstances that can prolong proceedings.

How Long After An Eviction Do I Have To Move In Ohio?

In Ohio, the eviction process can generally take anywhere from two to six weeks from start to finish. The exact timeline depends on the county in which the eviction is taking place and any other factors that may affect the proceedings.

Generally speaking, once a landlord or property manager has filed for eviction, it will typically take two to four weeks for a court hearing to be held. If an eviction is granted by the court, then tenants must vacate within three days of receiving notification of the ruling.

Tenants may be allowed additional time if they are able to reach an agreement with their landlord or property manager. It is important for tenants to understand their rights when facing an eviction in Ohio and to make sure they have a plan in place to move out quickly should they receive an order of eviction from the court.

Do You Have 30 Days After Eviction Notice In Ohio?

how eviction works

In Ohio, tenants typically have 30 days after receiving an eviction notice to vacate their rental property. It is important for landlords and property managers to understand the timeline of the eviction process in order to ensure they are following all applicable state laws.

The tenant must receive a three-day eviction notice before any further action can be taken. After the three-day period has expired, the landlord or property manager can begin the court proceedings to remove the tenant from their property.

Depending on the county, this entire process may take about 30 days or longer until the tenant is evicted from their rental unit. During this time, it is important that both parties adhere to all applicable laws to ensure a smooth and orderly transition for both parties involved.

What Happens After A 3 Day Eviction Notice In Ohio?

After the 3 day eviction notice is issued in Ohio, the landlord or property manager must file a complaint with the court. The complaint must include information such as the amount of rent owed and any other fees associated with the tenancy agreement.

Once the complaint is filed, the tenant will be served with a summons that includes a copy of the complaint. The tenant then has eight days to respond to the summons by filing an answer with the court or moving out of the residence.

If they do not take either action, then a default judgment can be entered against them and a writ of possession can be issued. This writ allows for law enforcement officers to remove all occupants from the premises.

Landlords and property managers should note that while this process can occur quickly, it typically takes between two to four weeks before a tenant is completely evicted from their residence.

How Do I Delay An Eviction In Ohio?

If you are a tenant facing eviction in Ohio, there are a few steps you can take to delay the process. First, review your lease agreement and understand what rights it gives you as a tenant.

You may be able to challenge an eviction notice if it is not legally served or if the landlord fails to follow the proper protocol. Another option is to contact your local housing department or public housing agency and explain your situation.

They may be able to help you negotiate with your landlord for an extended stay. It is also possible to take your case before the court system and request payment plans or other forms of assistance from the court.

While this process can be lengthy and expensive, it can result in delaying an eviction for months, if not years.

NOTICE TO QUIT PROPERTIES STATE OF OHIO BAILIFF MONEY ATTORNEY
LAWYER ACTUAL DAMAGES MORATORIUM JUDGEMENT FRANKLIN COUNTY FRANKLIN COUNTY, OHIO
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