Landlords decide to remove tenants from their rental properties for various reasons. When the subject comes up, property owners and renters often consult real estate attorneys to ensure their actions comply with the law. Whether you’re pursuing or opposing an eviction in Ohio, certain legal steps are required for the process to continue to completion. 

5 Steps in the Eviction Process

1. Have Good Cause

If tenants have a fixed-term lease and the property owner wants to evict them before the agreement ends, the owner needs “good cause” to start the eviction process. Good cause includes not paying rent or the landlord’s suspicion that the residents are violating criminal drug laws, even if they haven’t been arrested. 

2. Deliver Three-Day Notice

Landlords must give tenants with written leases a "Notice to Leave Premises," at least three days before filing an eviction in court. They must deliver the notice in person, by posting the notice at the premises, or by certified mail. Once the notice is served, the landlord doesn’t have to accept any late rent payments.

3. File Eviction Papers

After the notice time ends, a landlord can file an eviction petition. In addition to asking for the rental property back, the petition can include claims for past due rent, utilities, or costs of repairing damage to the premises. The court issues a summons to the tenant, which states the date, time, and place of the eviction hearing. 

4. Attend the Hearing

Generally, there’s about a two-week lag between the eviction filing date and the hearing date. If you’re a tenant and need to hire a real estate attorney, you can ask the court for a continuance before the hearing starts to get more time.

During the hearing, the court receives evidence from the landlord and tenant, including witness testimony, documents, and photographs. The judge decides whether to grant or deny the eviction and any other requests and then issues an order.

5. Move Out if Necessary

When courts issue eviction orders, the tenant is required to vacate. If a tenant remains, the landlord asks the sheriff’s department for a “set out” order. Only the sheriff can remove a tenant from the premises.

When you need help with an eviction case, turn to Dennis P. Faller, Attorney at Law in Wapakoneta, OH. Since 1979, this knowledgeable real estate attorney has provided business owners and residents throughout Auglaize County with personalized advice and vigorous representation to protect their property and rights. To learn more about this business lawyer’s services, visit him online. Call (419) 738-4578 to schedule a consultation.