How Long Does It Take To Evict Someone in Ohio?
Evicting a tenant can be a complex and time-consuming process. If you are a landlord in Ohio, it is important to understand the legal requirements and timeline for eviction proceedings. This article will guide you through the eviction process in Ohio and answer some frequently asked questions to help you navigate the process smoothly.
Eviction Process in Ohio:
1. Notice to Leave: The first step in eviction is providing the tenant with a written notice to leave the property. The type of notice and the length of time required will depend on the reason for eviction. For nonpayment of rent, a three-day notice is typically required. For breaches of the lease agreement, a 30-day notice is usually given. In cases of illegal activities or threats to health and safety, no notice is required.
2. Filing an Eviction Lawsuit: If the tenant fails to comply with the notice, the next step is to file an eviction lawsuit in the local municipal or county court. The landlord must provide evidence to support the eviction, such as copies of the lease agreement, notices, and any communication with the tenant.
3. Serving the Tenant: Once the eviction lawsuit is filed, the tenant must be served with a copy of the complaint and a summons to appear in court. This can be done by a process server or by certified mail with return receipt requested.
4. Court Hearing: The court will schedule a hearing date, usually within a few weeks of filing the lawsuit. Both the landlord and the tenant will have an opportunity to present their case before a judge. If the tenant fails to appear, a default judgment may be issued in favor of the landlord.
5. Writ of Restitution: If the court rules in favor of the landlord, a writ of restitution will be issued. This allows the landlord to request the local sheriff or constable to physically remove the tenant from the property if they refuse to leave voluntarily.
6. Tenant Removal: The sheriff or constable will schedule a date for the tenant’s removal, typically within 7-14 days. During this time, the tenant may choose to vacate the premises voluntarily. If they fail to do so, the sheriff will execute the writ of restitution and remove the tenant from the property.
Frequently Asked Questions (FAQs):
1. Can I evict a tenant without a court order?
No, landlords in Ohio must go through the legal process of eviction, including filing an eviction lawsuit and obtaining a court order, before they can legally remove a tenant from the property.
2. How long does the eviction process usually take in Ohio?
The duration of the eviction process can vary depending on several factors, such as court schedules and tenant responses. On average, it can take anywhere from 4-8 weeks from the initial notice to the tenant’s removal.
3. What happens if the tenant pays the overdue rent during the eviction process?
If the tenant pays the overdue rent and any associated fees before the court hearing, the eviction process may be halted. However, if the tenant has a history of late payments or noncompliance, the landlord may choose to proceed with the eviction.
4. Can I evict a tenant for reasons not specified in the lease agreement?
Ohio law allows landlords to evict a tenant for reasons not explicitly mentioned in the lease agreement, such as illegal activities, property damage, or threats to health and safety.
5. Can I change the locks or remove the tenant’s belongings without a court order?
No, landlords are not allowed to change locks or remove a tenant’s belongings without a court order. Doing so can be considered an illegal eviction and may result in legal consequences for the landlord.
6. Can a tenant appeal an eviction order in Ohio?
Yes, a tenant has the right to appeal an eviction order within the specified timeframe. This will lead to a new hearing where both parties can present their case to a higher court.
7. Can I recover unpaid rent and damages through eviction proceedings?
While eviction proceedings focus on removing the tenant from the property, landlords can also file a separate lawsuit to recover unpaid rent and damages. This can be done in small claims court or through a collections agency.
In conclusion, the eviction process in Ohio can take several weeks from the initial notice to the tenant’s removal. It is crucial for landlords to follow the legal procedures and seek professional advice when dealing with evictions to ensure a smooth and lawful process.