How to Evict a Tenant in Ohio: The 3-Day Notice, Hearing and Writ

To evict a tenant in Ohio, serve a written three-day notice to leave the premises that includes the warning language the statute requires. If the tenant is still there after three days, file a forcible entry and detainer complaint in the municipal or county court for the area. The hearing can't be sooner than the seventh day after service is complete. If you win, ask for a writ of execution; a bailiff or sheriff executes it within 10 days. Ohio's notice is a notice to leave, not a pay-or-quit notice, so the statute gives the tenant no right to stop the case by paying.

Step 1: Know your ground and any pre-notice

Ohio's eviction chapter lists the grounds. For residential landlords, the common ones are holding over after the term, unpaid rent, and breach of a written lease (R.C. 1923.02(A)). Some grounds need a step before the three-day notice:

If the property is covered by the federal CARES Act (for example, it has a federally backed mortgage or takes part in a federal housing program), a 30-day notice to vacate applies to nonpayment. Check that before relying on three days.

Step 2: Write and deliver the three-day notice

The notice must tell the tenant to leave, and for residential property it must include this language, printed or written conspicuously (R.C. 1923.04(A)):

"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."

Deliver it at least three days before you file, by one of these methods:

• Certified mail, return receipt requested
• Handing a written copy to the tenant in person
• Leaving it at the tenant's usual place of abode or at the premises

If the warning is missing or the notice went some other way, expect the tenant to challenge it at the hearing. Date the notice, keep a copy and record how and when you delivered it.

Step 3: File the complaint

File a forcible entry and detainer complaint in the municipal court, county court or court of common pleas with jurisdiction over the property (R.C. 1923.01(A)). In practice that is usually the municipal court's housing or landlord-tenant docket. The action must be brought within two years after the cause arises (§ 1923.01(B)).

You can ask for back rent and other damages in the same case, and the court can try them together with possession unless it continues the money claims for good cause, such as the tenant asking to file an answer or counterclaim (R.C. 1923.081).

Step 4: Service and the hearing

The clerk mails the summons and complaint by ordinary mail. The clerk also has the papers served by a bailiff or sheriff at the premises (in person, with a person of suitable age there, or by posting), or by certified mail, depending on what you request. The summons must reach the tenant at least seven days before trial, and the possession hearing can't be held sooner than the seventh day after service is complete (R.C. 1923.06). The answer date for your money claims is 28 days after service.

At the hearing, bring the lease, the three-day notice with proof of delivery, a rent ledger, and evidence of any violation. In a nonpayment case the tenant can counterclaim for amounts owed under the lease or Ohio's landlord-tenant law, and the court may order the tenant to pay rent into court while the case is pending (R.C. 1923.061(B)). If you've let repairs slide, expect a counterclaim.

If the court finds for you, it enters judgment for restitution of the premises and costs (R.C. 1923.09).

Step 5: The writ and the move-out

Ask the court for a writ of execution after judgment (R.C. 1923.13(A)). The sheriff, police officer, constable or bailiff must execute it within 10 days of receiving it (R.C. 1923.14(A)). Ask the clerk how the local bailiff schedules the move-out.

If the tenant appeals, gets a stay of execution and posts any required bond, the court orders the officer to stop. If you already have possession, the tenant goes back in (§ 1923.14(A)).

What you can't do

Ohio landlords may not shut off utilities, lock a tenant out or threaten unlawful acts to regain possession, and may not seize a tenant's belongings to collect rent without a court order. A landlord who does is liable for all damages plus reasonable attorney's fees (R.C. 5321.15).

Local rules and late fees

R.C. 5321.19 bars local rent control and local rules that conflict with the state landlord-tenant chapter. Several cities, including Columbus, Cleveland and Toledo, still have tenant ordinances such as "pay to stay" rules, so check your city code before you file.

Ohio has no statutory late-fee cap, but courts cut fees that work as penalties. Keep the fee in the lease and modest. The late fee calculator helps you sanity-check the number. The Ohio eviction laws page has the notice rules with statute links, and the Ohio landlord-tenant law page covers deposits and entry. After the tenant leaves, the deposit rules still apply; see Ohio security deposit return rules.

For how Ohio compares with other states, see eviction notice types explained. If the problem is a lease violation rather than rent, a lease violation notice documents it first.

Sources

Official sources cited above (checked 2026-10-30):

• Ohio Rev. Code ch. 1923, Forcible Entry and Detainer (§§ 1923.01, .02, .04, .06, .061, .081, .09, .13, .14)
• Ohio Rev. Code § 5321.11, tenant noncompliance affecting health and safety
• Ohio Rev. Code § 5321.15, prohibited landlord actions
• Ohio Rev. Code § 5321.17, termination of periodic tenancies
• Ohio Rev. Code § 5321.19, local regulation preempted