The procedure for eviction in Ohio --- also known as forcible entry and detainer --- is regulated by Chapters 1923 and 5321 of the Ohio Revised Statues. A tenant may be legally evicted based on non-payment of rent, criminal activity on the premises, failure to comply with terms of the lease or after the term of the lease has ended. Eviction of a tenant residing in a rental property in the city of Toledo is filed with the Small Claims Division of the Toledo Municipal Court. Required forms are available through the Clerk of Courts.
Draft a notice for the tenant to vacate the premises in the specified time frame (at least three days). 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 a conspicuous location on the premises, personally deliver it to the tenant or another adult living in the household or send it via certified mail. File a complaint with the court if the tenant fails to vacate or remedy the situation within the allotted period of time (excluding weekends and holidays).
Complete a complaint for forcible entry and detainer. Provide all required information. List your name as the landlord of the rental property, all tenants by name and address of the rental property. State the reason for eviction. Sign and date the complaint form.
File the original complaint plus an extra copy with the Clerk of Courts at the Toledo Municipal Court. Include a copy of the lease, as well as the original notice to vacate. Retain one copy of all documents for your records. The clerk will mail a copy to the tenant and complete a certification of mailing for the case file.
Pay the filing fee of $50 and an additional $6 per defendant with cash or money order. Credit cards and personal checks are not accepted, as of 2011.
Attend the scheduled hearing in Courtroom Nine on the third floor of the Municipal Courthouse. Submit a written request for continuance if you are unable to attend the hearing.
Bring all documents related to your case including copies of the filed paperwork, lease, proof on 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.
Accompany the bailiff to the property for removal from the premises and inventory of property left behind no sooner than seven to 10 days after issuance of the Writ. Store any remaining property for at least 30 days prior to disposal.