Unfortunately, evictions are a reality when tenants can’t pay their rent. No landlord likes to evict a tenant. But if you are a landlord and find yourself in a situation where eviction is necessary, you should be aware of your rights as well as the rights of the tenant.
As a preliminary matter, “eviction” is referred to as “forcible entry and detainer” in Ohio. For simplicity, I will use “eviction” in this guide. When talking to clerks or other persons in the court system, “forcible entry and detainer” may be the preferred term. There is no difference in the meaning of the two terms in Ohio save that “forcible entry and detainer” is the term of art preferred by the courts.
There are a number of legal steps required to evict a tenant in Ohio set forth as follows:
I. Does Your Tenant Fall in a Category Covered by Eviction Proceedings in Ohio?
The first step in bringing eviction proceedings is determining whether the tenant is of the class subject to eviction in Ohio. There are fourteen separate categories of persons subject to eviction proceedings in Ohio. The relevant categories generally are:
1. Tenants “holding over” their terms – “holding over” refers to any tenant that remains on the property in question following the expiration of their lease.
2. Tenants under oral tenancy in default of rent – if you created an oral lease with a tenant and they have not paid rent.
3. Tenants involved in drug offenses or controlled substances – if one of your tenants is found guilty of a drug offense or controlled substance offense at the leased property, you may begin eviction proceedings.
4. Tenants who have breached a lease covenant that is material to health and safety – determining whether a lease covenant is material to health and safety may be difficult. Generally, common sense can apply here.
5. Tenants who have breached an obligation imposed on them by a written lease/rental agreement including payment of rent.
6. A tenant who complains of a code violation when that violation is caused by the tenant or any person on the premises with the consent of the tenant.
7. A tenant in a rental unit that must be vacated for the landlord to comply with an applicable building, housing, health, or safety code. – For instance, if the city has condemned a building, you may evict the tenant.
If your tenant falls into any of the above categories, you may begin the process to evict them.
II. Does the Tenant get a chance to Remedy?
In some situations, you must provide the tenant with 30 days to remedy the issue. There are nine situations where the 30 days notice is required. These are all responsibilities of the tenant. If the tenant breaches one, you may give him the 30 days notice for termination of the lease if she/he does not comply. The tenant duties requiring notice are:
1. Must keep premises in a safe and sanitary condition;
2. All rubbish and garbage must be disposed of in a safe and sanitary matter;
3. All plumbing fixtures must be kept clean and used as the conditions permit;
4. All electrical fixtures must be operated properly
5. Comply with requirements imposed on tenants by the state and local housing, health, and safety codes.
6. Must personally refrain and forbid any other person who is on the premises with his permission from intentionally destroying, defacing, damaging, or removing any fixture or appliance from the premises.
7. Must maintain in good working order all appliances on the premises;
8. Conduct himself/herself in a matter that does not disturb neighbors’ quiet enjoyment of their premises;
9. May not use or condone the use of illicit drugs or other controlled substances on the premises.
If your situation falls into one of the situations described above, you will need to write a letter to the tenant explaining the issue you have with them in detail. You must also fix a date at which the lease will terminate if the tenant does not rectify the situation you described. This date can be no earlier than 30 days from when you deliver this notice.
If the date of lease termination provided in your letter passes with no remedial action by the tenant, then you may post the “Notice to Vacate” listed below.
If your situation does not fall into one of the above categories, then you may simply provide the “Notice to Vacate” listed below.
III. The Notice to Vacate
The next step in removing a tenant from a property is to present that tenant with a notice to vacate. A form for the notice to vacate can be found attached to this guide. The blanks should be filled in appropriately. You should make three copies of this form – one for your records, one for the tenant, and one to present to the court. We have also attached a completed sample notice form. This notice must be provided to the tenant at least three business days before you can bring an eviction action. If you bring an eviction action before this period expires, it will be defeated.
If you have a month-to-month tenant, this period may need to be extended to thirty-three days. Please contact our office and we can help you determine the required waiting period for your month-to-month tenant.
The key element to this notice is that the tenant receives the notice. For instance, if you know that a tenant is sight-impaired, you may need to hire someone to read the notice to the tenant.
This notice may be effectuated to a normal tenant via certified mail, handing a written copy to the tenant in person, leaving the notice at the tenant’s primary residence, or posting the notice at the premises from which eviction is sought in a conspicuous manner. The three business days will run from when the tenant should have received the notice.
Once you post the Notice for Eviction, please call J. Thomas Hodges – Attorney at Law Co. LPA at 513-421-8454. We will take care of filing the eviction and recovering possession of your property for you.