How an Ohio eviction case is structured
Ohio evictions are forcible entry and detainer actions under Revised Code chapter 1923, filed in the municipal or county court for the area where the building is located. Most landlords file two claims together: the first for possession, which moves fast, and a second for unpaid rent and damages, which follows the ordinary civil schedule.
The case must be brought within two years after the cause of action accrues (ORC 1923.01(B)). For notice periods to end a month-to-month tenancy, deposits and entry rules, see our Ohio landlord-tenant law guide. This page covers the eviction from notice to set-out.
The 3-day notice to leave the premises
Before filing, ORC 1923.04(A) requires you to notify the tenant to leave at least three days before beginning the action. Serve it by certified mail with a return receipt, by handing it to the tenant, or by leaving it at the tenant’s usual home or at the unit.
The notice must contain this language, printed or written conspicuously: “You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.” Leave out the wording and the notice is defective.
Ohio’s statute has no pay-or-quit option. If you accept rent after serving the notice, the tenant may argue you waived it, so decide before you serve whether you want the unit back or the money.
Other Ohio notices: lease breaches and drug activity
The ground for the case decides which notice comes first.
- Unpaid rent, holdover or a breach of a written lease term: the 3-day notice to leave is enough (ORC 1923.02(A)(1), (9)).
- A tenant duty under ORC 5321.05 that materially affects health and safety, such as sanitation or damage: a written notice describing the problem and ending the lease on a date at least 30 days after receipt. If the tenant fixes it, the lease continues (ORC 5321.11, 1923.02(A)(8)).
- Drug activity on the premises that the landlord knows of or has reasonable cause to believe: a termination notice ending the tenancy three days after it is given, whether or not anyone has been charged (ORC 5321.17(C)). That notice also satisfies 1923.04.
- No cause, month-to-month: notice at least 30 days before the periodic rental date (ORC 5321.17(B)).
Filing the complaint and serving the summons
File a written complaint describing the premises with the court (ORC 1923.05(A)). Since April 9, 2025, Senate Bill 237 bars naming a minor tenant as a defendant when a parent or adult guardian is also named, and a court must dismiss a case filed that way and order the landlord to pay the minor’s reasonable attorney fees (1923.05(B)–(C)).
The clerk mails the summons and complaint by ordinary mail and also has them served by the bailiff, the sheriff or a court-designated process server, depending on what you request (ORC 1923.06(C)–(D)). Service must be made at least seven days before the trial date (1923.06(A)).
The summons carries mandatory language telling the tenant that no one may be evicted in retaliation, that a tenant depositing rent with the clerk must keep doing so, and that the tenant may request a jury trial (1923.06(B)).
Trial, defenses and the 8-day continuance cap
The tenant does not have to file a written answer to the possession claim. Under ORC 1923.061(A), any defense can be raised at trial. In a nonpayment case, the tenant can counterclaim for amounts owed under the lease or chapter 5321, and the court can then order the tenant to pay past-due and current rent into court while the case is pending (1923.061(B)).
No continuance can run longer than eight days unless the landlord asks for it and the tenant consents, or the tenant asks for it and posts a bond, approved by the court, for rent accruing if the tenant loses (ORC 1923.08). If neither side demands a jury on the return day, the judge tries the case and enters judgment for restitution and costs (1923.09).
Expect questions about the building. The court can order a government inspection, bar re-renting the unit until code violations are fixed, or award you repair costs the tenant caused (ORC 1923.15).
The writ of restitution and the set-out
After a judgment for restitution, the court issues a writ of execution at your request, directed to a constable, police officer, the sheriff or an authorized court bailiff (ORC 1923.13(A)). The officer must execute it within ten days after receiving it by restoring you to possession (ORC 1923.14(A)). Ask the court’s bailiff office how it schedules the move-out, since practice varies by court.
A tenant who appeals has to obtain a stay and post any bond the court requires; if that happens after you are restored to possession, the officer must put the tenant back in (1923.14(A)). Without a stay, the writ goes forward.
Self-help, retaliation and rent deposits
ORC 5321.15 bars a landlord from shutting off utilities or services, locking a tenant out, threatening unlawful acts or seizing belongings to recover possession or rent. A landlord who violates it is liable for all damages and reasonable attorney fees.
Retaliation for code complaints, repair complaints or tenant organizing is a defense under ORC 5321.02, but ORC 5321.03 still lets you sue for possession when the tenant is behind on rent or holding over.
A tenant who is current on rent can deposit it with the clerk if you fail to fix a written repair complaint within 30 days or a reasonable time, whichever is sooner (ORC 5321.07). That deposit is a common defense to a later eviction. The escrow right does not apply to landlords with three or fewer units who give written notice, so it covers every 5+ unit building.
Federal rules for Ohio landlords
If your building has a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA-insured loan, or takes part in a covered federal housing program, the CARES Act notice rule may apply. Section 4024(c), codified at 15 U.S.C. 9058(c), bars a landlord of a covered property from requiring a tenant to leave until 30 days after a notice to vacate. The 120-day moratorium expired in 2020, but the 30-day text is still in the statute and courts have disagreed on whether it still applies. Serving 30 days at a covered building sidesteps the question.
Before a default judgment, the Servicemembers Civil Relief Act requires an affidavit stating whether the tenant is in military service (50 U.S.C. 3931).
Ohio eviction timeline at a glance
The table shows the shortest statutory path for a nonpayment case, counting the rent due date as day 0.
| Step | Deadline | Rule |
|---|---|---|
| Serve 3-day notice to leave | Day 1, with the required statutory wording | ORC 1923.04(A) |
| File complaint | At least 3 days after the notice (day 5 to be safe) | ORC 1923.04, 1923.05 |
| Serve summons | At least 7 days before trial | ORC 1923.06(A) |
| Trial and judgment | Day 12 at the earliest | ORC 1923.06, 1923.09 |
| Continuance | No more than 8 days without consent or a tenant bond | ORC 1923.08 |
| Writ of restitution issued | On the landlord’s request after judgment | ORC 1923.13 |
| Officer executes writ | Within 10 days after receiving it | ORC 1923.14(A) |
| Statute of limitations | 2 years from the cause of action | ORC 1923.01(B) |
Worked example: a 10-unit Columbus building
Assume a unit renting for $1,100 a month in a 10-unit Columbus building, a tenant who stops paying, and $650 in attorney and filing-related costs. These are assumptions, not market data. A day of lost rent is about $36.16.
On the shortest path, the notice goes out on day 1, the complaint is filed on day 5, and trial and judgment come on day 12. If the officer executes the writ that day, lost rent is $434 and the total is $1,084. If the officer uses the full ten days, possession comes on day 22: $796 in lost rent and $1,446 in total.
One 8-day continuance moves judgment to day 20 and the latest set-out to day 30, which means $1,085 in lost rent and $1,735 with costs.
| Scenario | Days to possession | Lost rent | Total with $650 costs |
|---|---|---|---|
| Writ executed on judgment day | 12 | $434 | $1,084 |
| Writ executed on day 10 after issue | 22 | $796 | $1,446 |
| 8-day continuance, full 10 days for writ | 30 | $1,085 | $1,735 |
Alternatives: payment plans and cash for keys
Because Ohio’s notice asks the tenant to leave, a tenant who wants to stay has to negotiate. A signed payment agreement, ideally entered as an agreed judgment that lets you get the writ if a payment is missed, is a common middle path. When you need the unit back, a cash-for-keys deal can beat the 12-to-30-day path and avoids a jury demand or rent-deposit defense.
Selling an Ohio building with a pending eviction
An occupied building can be sold mid-case. The buyer takes title subject to the leases and can substitute as plaintiff or file a new case after a fresh 3-day notice. Disclose any rent the tenant has deposited with the clerk under ORC 5321.07 or paid into court under 1923.061, because those funds affect who gets paid.
Collect tenant estoppel certificates confirming rent, deposits and balances, and give the buyer the notice, complaint and docket.
Selling your Ohio apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units across Ohio, including occupied buildings with problem tenants or an eviction already on file. You can sell without finishing the case.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
