- Eviction in Columbus, Ohio, typically begins with a ‘Notice for termination’ followed by an eviction lawsuit if the tenant does not comply.
- The Ohio Revised Code governs the process, laying out steps from serving notice to obtaining a court-issued eviction order.
- Both landlords and tenants must understand this process to ensure it’s handled legally and peacefully.
Possessing a rental property doesn’t inherently guarantee a smooth journey toward achieving passive income. Indeed, you may find hurdles such as tenants defaulting on rent or violating lease agreements, both scenarios potentially necessitating eviction.
This blog post will shed light on the eviction process in Columbus, Ohio. The aim here is to provide an understanding of eviction, explain Ohio’s eviction laws, and guide you through the eviction process.
In simple terms, eviction is a legal procedure initiated by a landlord to regain possession of a rental property from a renter. It’s not a process undertaken lightly, as it is often time-consuming, potentially expensive, and fraught with legal stipulations. In certain circumstances, landlords may find it necessary to evict a tenant to preserve their property rights and financial interests.
While the triggers for eviction can be numerous and diverse, they generally fall under a few broad categories:
- Non-payment of rent: This is the most common reason for evictions. If a renter fails to pay rent on time and doesn’t rectify the issue even after being given notice, the landlord has the right to begin the eviction process.
- Lease violations: A lease agreement sets the ground rules for the landlord-tenant relationship. If a renter consistently violates these terms — for instance, by having unauthorized pets or people living in the property, repeatedly causing excessive noise, or using the property for illegal purposes — the owner can initiate eviction proceedings.
- Property damage: If a renter causes significant damage to the property that goes beyond normal wear and tear, and fails to repair or pay for the damages, this could lead to eviction.
- End of a lease without renewal intentions: When a lease ends and is not renewed, the tenant is typically expected to vacate the property. If they do not, this can be considered a form of lease violation, providing grounds for eviction.
While eviction can be a complex and stressful process, it’s sometimes a necessary measure for homeowners to protect their properties and uphold the terms agreed upon in the lease. By understanding the basic concept and reasons for eviction, both owners and renters can better navigate their obligations and rights as landlords and tenants.
Notably, these laws also lay out the grounds for eviction. As we mentioned earlier, reasons can include non-payment of rent, violation of lease terms, excessive property damage, or staying beyond the lease term without the intention to renew.
Understanding Ohio state eviction laws
The eviction process in Ohio is laid out in detail in the Ohio Revised Code, sections 1923.02 to 1923.04. These sections guide landlords through the necessary steps of an eviction, from issuing an appropriate notice to leave premises, to filing an eviction lawsuit (also known as a “forcible entry and detainer” action), to enforcing a court-issued eviction order.
Here are a few highlights from these sections:
- Before a landlord can evict a tenant, they must first provide the tenant with a notice to leave the premises. The time frame and form of this notice can vary depending on the cause for eviction.
- If the tenant does not leave or rectify the issue within the notice period, the landlord may then file an eviction lawsuit in court. The court will schedule a hearing, typically within a few weeks.
- If the landlord wins the eviction lawsuit, the court will issue a Writ of Execution, allowing the sheriff to remove the tenant and their belongings from the property if they do not leave voluntarily.
The Eviction Process in Columbus, Ohio: A Step-by-Step Guide
Navigating through the eviction process in any state can be daunting, but having a clear, step-by-step guide can help make it less intimidating. Here’s a detailed rundown of the eviction process in Columbus, Ohio:
Notice to Leave Premises
The eviction process begins with the landlord providing the tenant a ‘Notice for termination.‘ This notice serves as a formal declaration of the landlord’s intention to regain possession of the rental property and gives the tenant an opportunity to rectify the situation or vacate.
There are different types of notices that can be issued based on the reason for eviction:
- 3-Day Notice: This is usually served for non-payment of rent or violation of lease terms. This notice informs the tenant that they have three days to either pay the due rent, remedy the violation, or vacate the property.
- 30-Day Notice: This is typically issued in the case of month-to-month tenancies when the landlord or renter decides not to renew the agreement. The renter is provided 30 days to vacate the property.
Filing an Eviction Action
If the tenant fails to address the issue or vacate the property within the stipulated time, the landlord can proceed to file an eviction lawsuit.
Filing an eviction action involves submitting necessary documentation, including proof of the served notice and a copy of the lease agreement if applicable. It’s worth noting that filing this action involves court costs and fees, which the owner must initially cover, though these may potentially be recovered from the renter if the owner wins the case.
Once the eviction action is filed, a court hearing date is scheduled. Both parties are expected to attend this hearing. It’s an opportunity for both the owner and renter to present their arguments and any relevant evidence to the court.
The owner must be prepared to prove his or her case for eviction, demonstrating that the renter violated the lease terms or failed to pay rent. On the other hand, the renter may present defenses or counterclaims, such as evidence of fulfilling their obligations or claims of owner misconduct.
Based on the presented evidence and arguments, the judge makes a ruling. If the court finds in favor of the owner, it will issue a judgment for eviction.
Writ of Execution
A judgment of restitution isn’t the end of the process. After the judgment, if the renter still does not vacate, the landlord must obtain a Writ of Execution from the court.
A Writ of Execution is a court order that authorizes the local sheriff’s office to remove the tenant and their belongings from the property. This step ensures that the eviction is carried out legally and peacefully, without the owner having to resort to self-help methods, which can lead to legal trouble.
This step-by-step guide through the eviction process in Columbus, Ohio, should provide a clear roadmap in the unfortunate case of evicting a resident. However, if you hired a property manager, you may not have to worry about the eviction process in your state. Most property management companies, like Poplar Homes, handle the eviction process for their homeowners.
Evicting a renter is not as simple as serving a notice or taking possession of your property. There are legal procedures Ohio homeowners must navigate to ensure a peaceful and legal eviction.
Understanding the eviction process in Columbus, Ohio, is crucial for both owners and renters. This mutual understanding promotes respect for rights and responsibilities, leading to healthier landlord-tenant relationships.