How do I evict a tenant who stopped paying rent?

Answered by ProctorLaw

This is general legal information, not legal advice. No attorney-client relationship is created. Talk with a licensed attorney about your situation.

Short answer: Ohio has one legal way to remove a tenant, and it is the court process in R.C. Chapter 1923. It starts with a three-day notice, runs through a hearing in Canton Municipal Court, and ends with the bailiff supervising a move-out if the tenant has not left. Done correctly it takes roughly four to six weeks. The ways to get it wrong are serving a defective notice, filing a day early, accepting rent after the notice, or taking matters into your own hands, so let's walk through each step.

What you may never do. Changing the locks, shutting off utilities, removing doors or belongings, or threatening to do any of it is illegal self-help; the tenant can sue you for all resulting damages plus attorney fees (R.C. 5321.15). Judges in eviction court take this seriously.

Step 1: the three-day notice (R.C. 1923.04). Serve a written notice to leave. It must contain this exact language, printed conspicuously: "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." Add the address, the date, your name, and the reason (nonpayment). Serve it by handing it to the tenant, leaving it at the house, or certified mail. Canton Municipal Court posts a free form. Then wait: the statute requires three or more days, not counting the day of service and rolling past a Sunday or holiday (R.C. 1.14), and Canton's own form asks for three business days, so give three full business days before filing; at least one Ohio appeals court has thrown out an eviction filed a day early. Check your lease first; if it promises a longer notice or a cure period, the lease controls.

One federal wrinkle. If your mortgage on the rental is FHA, VA, USDA, or owned by Fannie Mae or Freddie Mac, or the tenant pays with a Section 8 voucher or the property is in another federal housing program such as LIHTC, the CARES Act still requires a 30-day notice to vacate before filing a nonpayment eviction, and Ohio's Tenth District Court of Appeals has enforced it (Olentangy Commons v. Fawley, 2023). Whether a particular house is covered is fact-specific. If any of those apply, serve a 30-day notice containing the Ohio language. If none apply, three days is enough.

Step 2: do not accept rent after the notice. Accepting rent for a future period after serving the notice waives it as a matter of law, and courts have found waiver even where the landlord simply deposited a check. If the tenant offers past-due rent only and you want to proceed, talk to a lawyer about how to document it; the safest course is not to take money until the case is resolved.

Step 3: file in Canton Municipal Court. After the notice period, file a Complaint for Forcible Entry and Detainer at 218 Cleveland Ave. SW, (330) 489-3203. The complaint has a "first cause" for possession and a "second cause" for the unpaid rent and damages. The filing cost is currently $160 (covering mail service on up to two defendants) plus $20 per defendant for certified mail. The court mails the summons and the bailiff posts or serves it; the hearing must be at least seven days after service is complete (R.C. 1923.06), which in practice puts it two to three weeks out. If you own the house through an LLC or other entity, Ohio requires an attorney to sign and appear; an individual owner may represent himself. Since 2025 you may not name a minor as a defendant when a parent is also named (R.C. 1923.05).

Step 4: the hearing. Bring the lease, a rent ledger showing the missed months, the notice and proof of how and when you served it, and photos if there is damage. If the tenant does not appear, you win by default. If the tenant appears and raises a defense (bad notice, rent actually paid, retaliation, conditions problems with rent in escrow), the magistrate decides; objections to the decision are due within 14 days. The court can decide the money claim the same day if the tenant waives the 28-day answer period, otherwise that part proceeds separately.

Step 5: the set-out. If you win and the tenant still has not left, you request a writ of execution. The bailiff posts a notice and, within ten days of receiving the writ, supervises the removal (R.C. 1923.14). Canton requires a $250 bailiff deposit, refunded in whole or part if the tenant leaves first and you notify the court, and you must supply the people to carry belongings out. Request the writ promptly; if you wait more than 45 days after the judgment for possession, Canton's local rules require leave of court.

The money. A judgment on the second cause gives you the unpaid rent plus damages beyond normal wear and tear, less the security deposit, which you must account for in writing within 30 days of getting possession (R.C. 5321.16). Collecting on it is a separate effort (wage garnishment, bank attachment), so weigh the cost against the likelihood of recovery.

This is general information, not legal advice. A one-time consultation with a landlord-tenant attorney to review your notice before you serve it is the cheapest insurance against starting over.

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