The Eviction Process in Ohio: Rules for Landlords and Property Managers

A landlord can evict a tenant in Ohio for not paying rent or violating the lease, among other reasons. Ohio eviction rules are fairly straightforward compared to many other states' laws, but landlords need to carefully follow the laws or risk having their eviction lawsuit kicked out of court.

Ohio Landlords Must Terminate the Lease Before Filing for Eviction

Before evicting a tenant, the landlord must first terminate the tenancy by giving the tenant notice of the reason for the end of the tenancy, and give the tenant a deadline for the end of the tenancy. Once the deadline has passed, if the tenant hasn't taken the necessary steps to avoid termination, the landlord can file an eviction lawsuit. How much notice a landlord must give the tenant depends on the reasons for the termination.

Notice for Termination With Cause

When a landlord wants to terminate a tenancy before the lease term has ended, the landlord must have legal cause (a valid reason). The most common reasons to evict a tenant are failure to pay rent and violation of the lease or rental agreement. However, landlords can also evict tenants for using, selling, or manufacturing illegal drugs at the rental unit.

Termination Due to Breach of a Term of the Lease

When the landlord wants to terminate the lease because the tenant has violated a term of the lease (for example, the tenant has a dog despite a no-pets policy), the landlord must give the tenant an unconditional 3-day Notice to Leave the Premises. The notice must inform the tenant that the tenant has three days to move out of the rental unit, and if they don't move out by the deadline, the landlord will file an eviction lawsuit (also called a "forcible detainer" lawsuit).

Ohio law requires that the notice contain the following language:

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.

(Ohio Rev. Code §§ 1923.02, 1923.04 (2025).)

Termination Due to Nonpayment of Rent

The notice required for nonpayment of rent is the same as the notice described above for termination due to a breach of the term of the lease. The landlord doesn't have to give the tenant the opportunity to pay the rent owed before terminating the tenancy.

If the landlord accepts past due rent after the termination date noted in the 3-day notice, the landlord waives the 3-day notice and can't proceed with an eviction.

Termination Due to Drug Activity

If the landlord has knowledge that the tenant is dealing drugs or engaging in illegal drug activity at the rental, the landlord can give a 3-day notice to quit to the tenant in the same manner as described above for termination due to a breach of the term of the lease. The landlord doesn't have to give the tenant the opportunity to fix the situation. (Ohio Rev. Code § 1923.02(6) (2025).)

Tenant Violations That Affect Health and Safety

When an Ohio tenant violates the terms of the tenancy and does something that materially affects health and safety (such as failing to remove garbage), the landlord can deliver to the tenant a notice of the violation. The notice must specify the violation and tell the tenant that if the problem isn't fixed within 30 days, the tenancy will end. The tenant is faced then with a choice: fix the violation within the 30 days or face eviction. (Ohio Rev. Code § 5321.11 (2025).)

Notice for Termination Without Cause

When a landlord doesn't have legal cause to evict a tenant, the landlord must wait until the end of the lease term before expecting the tenant to move. Usually, a landlord in this situation doesn't have to give the tenant notice that the lease won't be renewed. However, if the lease or rental agreement states that the landlord will give notice, the landlord must perform the requirements of the lease.

Month-to-Month Tenancies

To end a month-to-month tenancy, a landlord must give a tenant at least a 30-day written notice to move. With a month-to-month tenancy, the landlord isn't required to have a reason for ending the tenancy—they only need to give the tenant proper notice.

The notice must state the date by which the tenant must be out of the rental unit. If the tenant doesn't move out by the end of the 30-day period, then the landlord can file an eviction action against the tenant. (Ohio Rev. Code § 5321.17 (2025).)

Fixed-Term Tenancies

With a fixed-term tenancy, if the landlord doesn't have cause to end the tenancy early, they must wait until the lease term is over to end the tenancy. In this case, the landlord only needs to give the tenant notice to move when the lease specifically requires it. Otherwise, the landlord can expect the tenant to move out by the end of the term, unless the tenant has expressed a desire to renew the lease or rental agreement and stay longer.

Tenant Defenses to Eviction in Ohio

Although a landlord might think an eviction is justified, the tenant might feel differently. Tenants always have the right to fight the eviction in court.

The most common successful defense to eviction is that the landlord didn't follow the proper procedures before filing the eviction. For example, if a landlord files for eviction early (before the three days in the notice are up), the court will likely kick the case out of court, and the landlord will have to restart the process by re-serving the notice.

A tenant might also successfully defend an eviction if the tenant can show that the landlord is trying to evict the tenant for a discriminatory reason or as illegal retaliation for a tenant's legal activity, such as complaining to a governmental agency about a health code violation. (Ohio Rev. Code § 5321.02 (2025).)

Removal of the Tenant

It's never okay for a landlord to force a tenant to move out of the rental unit. If the tenant doesn't move out after receiving written notice to move, the landlord's only legal option is to file an eviction lawsuit. Even if the landlord is successful and wins the lawsuit, only a sheriff or constable is authorized to actually evict the tenant.

The landlord may find personal property left in the rental unit or on the premises after the tenant moves out of the rental unit. Most states have laws about how the landlord should handle abandoned personal property; however, Ohio does not. This doesn't mean that the landlord can just dispose of the property, though. The landlord should still take reasonable steps to inform the tenant of the property and give the tenant a reasonable amount of time to claim the property. If the tenant does not claim the property, then the landlord can dispose of it.

Rationale for the Rules

Landlords must carefully follow all the rules and procedures required by Ohio law when evicting a tenant. Otherwise, the eviction might not be valid. Although these rules and procedures might seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, with the end result being that the tenant has lost their home. The rules help ensure the eviction is justified and that the tenant has enough time to find a new place to live.