If you are a landlord in Toledo, Ohio with a tenant who is carrying out criminal activity on the premises, not paying rent or failing to comply with the terms of the lease, you may legally evict that tenant. Ohio's eviction process, known as forcible entry and detainer, is regulated by Chapters 1923 and 5321 of the Ohio Revised Statutes.
Grounds for Eviction
Under Ohio law, a landlord can evict a tenant if any of the following apply:
- the tenant has not paid rent
- the landlord must comply with a building, housing, health or safety code requiring alteration, remodeling or demolition of the premises which would deprive the tenant of the use of the premises
- the lease has ended
- the premises are located within 1,000 feet of any school premises or preschool or child day-care center premises and the tenant's name appears on the Ohio registry of sex offenders and child-victim offenders
Read More: Types of Eviction
Steps to Eviction
To evict your tenant in Toledo, Ohio, the first thing to do is draft an eviction notice asking the tenant to leave the premises within the specified time frame, which should be at least three days. The notice should include the words: "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."
Post the notice in an obvious place on the premises, personally hand it to the tenant or another adult living on the premises or send it via certified mail.
If the tenant does not move out within the specified time frame, you can file an eviction lawsuit with Toledo Municipal Court.
Complete, sign and date a complaint for forcible entry and detainer. Make sure you list your name as the landlord of the rental property, list all tenants by name, include the address of the rental property and state the reason for eviction.
File the original complaint plus an additional copy with the Clerk of Courts. Include a copy of the tenant's lease and a copy of the original notice to vacate. Keep a copy of all documents for your own records.
All Toledo Municipal Court eviction forms are available from the Clerk of Courts. Check the filing fee with the Clerk of Courts and pay this at the time of filing.
Toledo Eviction Hearing
Attend the scheduled hearing at the Municipal Courthouse. If you are unable to attend the hearing, submit a written request for continuance, which schedules another hearing date.
Bring all documents related to your case including copies of the filed paperwork, the lease, and proof of noncompliance such as photographs, police reports or account statements showing payment history.
Request a Writ of Restitution if you have been unable to resolve the pending issues with your tenant.
No earlier than seven to 10 days after the Writ has been issued, you may accompany a bailiff to the premises for removal of the tenant. Store any property left behind by the tenant for at least 30 days before disposing of it.
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