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What is the eviction process in Ohio?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Ohio eviction is governed by ORC Chapter 1923 (Forcible Entry and Detainer) and Chapter 5321 (Landlord-Tenant).

1. Pre-Suit Notices

  • Material breach (including nonpayment): Landlord first serves a 30-day cure notice under ORC § 5321.11 (except for nonpayment of rent, which may proceed directly to the 3-day notice).
  • 3-day notice to vacate: ORC § 1923.04 requires a written 3-day notice to leave the premises before filing. Notice must include the statutory language warning of eviction. 3 days is calendar days excluding the day of service.

    • 2. Filing the FED Action

    Landlord files a Forcible Entry and Detainer complaint in the Municipal or County Court with territorial jurisdiction over the property. Filing fee is approximately $120-$200.

    3. First Cause Hearing

    Must be set not less than 7 nor more than 30 days after filing (ORC § 1923.08). Service is by ordinary mail and posting on the premises (residential summary process).

    4. Trial

    First hearing addresses possession only. Either side may demand a jury (jury fee applies). Damages claims (second cause) proceed on a separate track.

    5. Judgment and Writ of Restitution

    If landlord wins, court enters judgment for restitution of premises. Court typically grants 5-10 days for the tenant to vacate. If tenant remains, landlord requests a writ of restitution.

    6. Bailiff/Sheriff Set-Out

    Bailiff or sheriff schedules the set-out (lockout). Tenant's belongings may be removed and placed at the curb under common practice.

    7. Tenant Defenses

    Warranty of habitability with rent escrow (ORC § 5321.07 — tenant must pay rent into court escrow first), retaliation (§ 5321.02), failure to provide statutory 3-day notice, security deposit setoffs, and discrimination.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You want to escrow rent under § 5321.07
    • Landlord skipped the 3-day notice
    • You face a set-out date
    Related Statutes & Laws
    • Ohio Rev. Code § 1923.04
    • Ohio Rev. Code § 1923.08
    • Ohio Rev. Code § 5321.07
    • Ohio Rev. Code § 5321.11
    • Ohio Rev. Code § 5321.02

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.