By Type
Pay or Quit – Sent when rent is past due. It informs the tenant that payment is required to avoid eviction.
Cure or Quit – Used for lease violations that may be corrected. The tenant is given notice and time to comply.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a month-to-month tenancy with advance notice. It does not require a lease violation.
Notice to Quit for Illegal Activity – Applies to criminal or dangerous conduct on the premises.
Eviction Laws
Ohio law sets specific notice timelines for most eviction situations.
- Rent Grace Period: Not addressed by statute
- Non-Payment of Rent: 3-day notice.[1][2]
- Lease Non-Compliance: 3-day notice.[1][3]
- Health or Safety Violation: 30-day notice.[4]
- Termination of Month-to-Month Tenancy: 30-day notice.[5]
- Eviction Filing Type: Forcible Entry and Detainer.[6]
Notices must be properly served and retained as evidence for the court.
Prohibited Landlord Actions
Ohio law strictly prohibits landlords from forcing tenants out without court approval. Any landlord who disconnects a tenant’s utilities as a method of eviction is liable for:
- Tenant damages
- Attorney fees [7]
This applies to essential services such as water, heat, and electricity. Landlords may not unlawfully exclude a tenant from the property. Changing locks or blocking access without a court order exposes the landlord to damages and attorney fees.[7]
How to Evict a Tenant in Ohio (Step-by-Step)
Step 1: Provide Eviction Notice to the Tenant
Before going to court, the landlord must serve the appropriate notice and keep proof of delivery. Depending on the violation, this may include:
- 3-Day Notice to Quit (Non-Payment of Rent)
- 3-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Health or Safety Violation)
- 30-Day Notice to Quit (Month-to-Month Tenancy)
Step 2: File a Complaint With the Local Court
If the tenant does not comply, the landlord may file a Complaint for Forcible Entry and Detainer with the local municipal or county court. Each court sets its own procedures and forms. Filing fees vary by location, including:
Step 3: Wait for the Tenant’s Answer
After filing, the court issues a summons. The tenant has 28 days from receipt to file an Answer responding to the complaint.
Step 4: Attend the Hearing
At the hearing, the landlord should bring:
- A copy of the eviction notice
- Proof the notice was delivered
- Evidence of the lease violation
If the tenant fails to appear or the judge rules for the landlord, the court will issue a Writ of Restitution, giving the tenant a set time to vacate.
Court Forms & Resources
The following forms are commonly used in Cuyahoga County (Cleveland). Other counties may require different local forms.
- Notice to Leave Premises
Provides the tenant with three days’ notice to vacate for non-payment or lease violations.
- Notice to Terminate Tenancy
Used to end a month-to-month tenancy with 30 days’ notice.
- 24-Hour Notice
Informs the tenant of the landlord’s intent to enter the unit.
- Complaint in Forcible Entry and Detainer
Filed by the landlord after proper notice has been served. - Defendant’s Answer
Filed by the tenant to respond to the eviction complaint. Must be submitted within 28 days of receiving the summons.
Sources
- Ohio Rev. Code § 1923.02(B)
- Ohio Rev. Code § 1923.04(A)
- Ohio Rev. Code § 1923.04(A)(9)
- Ohio Rev. Code § 5321.11
- Ohio Rev. Code § 5321.17(B)
- Ohio Rev. Code Chapter 1923
- Ohio Rev. Code § 5321.15
- Franklin County Municipal Court – Accounting Finance Division
- Eviction Filing Checklist – Cleveland Municipal Court
- Hamilton County Municipal Civil Fees