Legal Question in Landlord & Tenant Law in Ohio

Can I immediately evict a tenant once their lease is up?

Asked on 9/09/13, 11:01 am

1 Answer from Attorneys

Eric Willison Law Office of Eric E. Willison
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In Ohio, if the tenant's right to be there has terminated, then you can start the statutory eviction process as it is laid out in R.C. 1923.04. The statutory eviction process starts with the posting of a proper three day notice to vacate upon the door of the premises. If the tenants are still there after three days then the landlord will file a Forcible Entry and Detainer Action with the local clerk of courts (almost always in the Municipal Court) and that court will set a hearing date for the eviction.

If at the hearing, the court decides that possession should go back to the landlord, then the court will issue that entry and you can apply for a writ of restitution which the bailiff will post on the door giving the tenants a few more days to get out. But if they are not out by the date on the writ of restitution, then the landlord will call back to the bailiff and schedule a praecipe for set out and the landlord will meet with the bailiff at the rented premises with a locksmith and a work crew and change the locks and remove the tenant and his/her belongings from the home.

You need to check your lease agreement closely though, because some lease agreements have clauses in them toward the end that say that if the landlord or the tenant does not give a certain amount of notice that the lease will not be renewed, then it is automatically renewed either on a month to month basis or upon a yearly basis. So take a look for that.

If you need help with an eviction in Ohio, you can call me at 614.580.4316 or you can email me at eewillison@earthlink.net.

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9/09/13, 5:06 pm

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