Landlord Challenges to Properly Evicting a Tenant

Landlords in Ohio are often faced with difficult situations when they need to evict a tenant. Ohio law provides certain protections to tenants to ensure that they are not unfairly evicted, but these protections can also make it difficult for landlords to regain possession of their property. In this blog post, we will explore some of the difficulties landlords face when evicting tenants under Ohio law.

The Eviction Process

The eviction process in Ohio is governed by Ohio Revised Code Chapter 1923, which outlines the legal steps that landlords must follow in order to evict a tenant. This process includes:

Serving the tenant with a written notice of eviction, which must specify the reason for the eviction and give the tenant a certain number of days to vacate the property.

Filing a complaint with the local court of common pleas and serving the tenant with a summons and complaint.

Holding a hearing in court to determine whether the eviction is justified and whether the tenant should be evicted.

Once the landlord has obtained a court order for eviction, the tenant has a certain number of days to vacate the property. If the tenant does not leave voluntarily, the landlord can obtain a writ of possession from the court and have a sheriff or constable remove the tenant and any personal property from the premises.

Difficulties for Landlords

While the eviction process may seem straightforward, there are many legal requirements that landlords must meet in order to evict a tenant. Failure to comply with these requirements can result in delays or even the dismissal of the eviction case.

One of the biggest difficulties landlords face is in providing proper notice to tenants. Ohio law requires that landlords provide tenants with written notice of eviction that specifies the reason for the eviction and gives the tenant a certain number of days to vacate the property. If the notice is not properly drafted or served, the eviction case may be dismissed.

Another difficulty for landlords is in proving that the eviction is justified. Ohio law allows landlords to evict tenants for a variety of reasons, including non-payment of rent, violation of the lease agreement, and causing damage to the property. However, landlords must be able to prove that these reasons are valid and that the tenant has been given sufficient notice and opportunity to correct any problems.

In addition, Ohio law provides certain protections to tenants that can make it difficult for landlords to evict them. For example, if a tenant has a disability, the landlord must make reasonable accommodations to allow the tenant to continue living in the property. This may include allowing the tenant to have a service animal or making modifications to the property to accommodate the tenant’s disability.

Conclusion

Evicting a tenant in Ohio can be a complex and difficult process for landlords. Ohio law provides many protections to tenants to ensure that they are not unfairly evicted, but these protections can also make it difficult for landlords to regain possession of their property. To successfully evict a tenant in Ohio, landlords must follow the legal requirements carefully, provide proper notice, and be able to prove that the eviction is justified. It is important for landlords to seek the advice of an experienced attorney to guide them through the eviction process and ensure that their rights are protected.