Is your tenant behind on Rent?

Apply for Rental Assistance

Hamilton County CARES Act Resources

Call the Community Action Agency at 513-569-1840, option 4 or visit apply.cincy-caa.org.

Apply online through Jobs and Family Services by visiting https://www.hcjfs.org/services/workforce-development/apply-for-cares/.

Cincinnati Eviction Prevention Funds

Call St. Vincent De Paul: 513-421-0602  

How can a landlord use the eviction system?

You must follow the law if you want to evict a tenant. Landlords cannot force tenants to leave a home, unless they have an eviction order from the court. To get an eviction order, you must follow the legal process correctly.

You can settle your problems outside of court with a settlement agreement. Landlords can solve problems with tenants outside of court. They can work things out by making a settlement agreement that helps both sides reach their goals.

Step-by-Step Landlord Guide to Eviction in Hamilton County, Ohio

How can a landlord evict a tenant? This guide gives more detail on how landlords can pursue an eviction and money claims against a tenant.

If you need further help, go to the Get Help page for more assistance.

Step 1. Give the Tenant a Notice to Leave

Before filing an eviction lawsuit against a tenant, you must provide your tenant(s) with a proper Notice to Leave. The notices are based on the reason for filing the eviction.

A blank notice is here. A sample notice is here.  Do not include the day you provided the notice in counting the number of days given. 

The Landlord must make sure the Tenant gets this notice. It is usually served by leaving the notice at the property, in a conspicuous place, like taped to the front door.

Nonpayment of rent requires a 3-day notice. Example: When rent is due on the 1^st and late after the 5^th, the landlord could give a 3-day notice on the 6^th if rent is not paid, telling the tenant to leave by the 9^th. The landlord could then file an eviction on the 10^th. 

Terminating a month-to-month tenancy requires at least a 30-day notice followed by a 3 –day notice. The 30-day notice must be given a full 30-days before the “periodic tenancy date,” usually meaning the day rent is due. So the landlord often needs to give more than 30 days. Example: Rent is due on the 1^st. On November 12^th, the landlord gives the tenant a notice terminating the month-to-month tenancy telling the tenant they need to leave by December 31^st (at least 30 days before the next time rent is due). If the tenant did not move, the landlord could give a 3-day notice on January 1^st for overstaying and file an eviction a full 3 days later, on January 5^th.

Breaches of a written lease require either a 30-day notice followed by a 3-day notice if the breach is covered under the tenant’s obligations under law that affects health and safety. In this situation, the tenant has a right to fix the violation.  If the breach is not covered under the tenant’s obligations, then the landlord can give a 3-day notice. 

Step 2. File Complaint and Serve Tenant

In order to start an eviction lawsuit in Ohio, you need to file a complaint in court and ensure the tenant is served with notice of the lawsuit.

If the tenant has not fixed the situation or left the property within the deadline of the notice, then the landlord can file a Complaint with the Hamilton County Municipal Court, along with a copy of the Notice to Vacate that was given to the tenant.

On the complaint, you can ask for the 2 following things:

1. For an eviction order to remove the tenant from the home (called First Cause by the court).

2. For an order to recover money the tenant owes you, including back rent, late charges, utility bills, and potential damages (called Second Cause by the court).

• You can get a blank copy and a sample copy of a Complaint here.
• On the Complaint, you can sue for back rent, late charges, utility bills, and potential damages. 
• You must also include a copy of the Notice(s) to Quit you have given to the tenant.

Working it Out

The landlord and tenant may work the problems out before the Eviction Trial. They can come to an agreement about the issues in the lawsuit: money owed, staying in or leaving the home, or time left there. 

Read more about working out a settlement agreement here. The landlord and tenant should still come to the court for the Eviction Trial, even if they made an agreement. They can present the agreement to the judge.

Step 3. Go to Eviction Trial (1st Cause)

The court will hold a trial on whether you can evict the tenant or not. (Any claims on money owed will be held at a later hearing.) The court may side with you and issue an eviction order, that you can give to the bailiff to set the tenant out.

The first trial (or hearing) deals with the actual eviction of the tenant. At this trial, the court will hear your side and the tenant’s defenses or counterclaims. The court will decide whether to give you an eviction order to remove the tenant or not.

If you work it out with the tenant, then you can tell the judge that you have reached a settlement. This can stop the hearing and end the court process.

If the court decides for the tenant at the eviction trial, you are not allowed to remove them from the home.

If the court decides for you (the landlord) at the eviction trial, then you can get an eviction order to have the bailiff present while the tenant is removed from the home

• You cannot evict the tenant yet. 
• First you must wait the specified days that the magistrate gives you -- typically 7, 3, or 0 days after the hearing.
• Then you can take this court order to the bailiff to have them initiate the Set Out process.
• At any point, you can work it out with the tenant for them to stay.
• Landlords are not allowed to evict tenants themselves. You must have the bailiff present to carry out the eviction.

Step 4. The Landlord may schedule a Set-out with the Bailiff.

If the court has sided with the landlord at the Eviction Trial, then the landlord must wait the specified time (like 0, 3, or 7 days) to schedule an eviction.

The landlord cannot evict the tenant themselves. They can bring the order to the Bailiff to schedule a set out.

Step 5. Await Tenant Response on Money Claims (2nd Cause)

If the tenant does not respond, you can ask the court for a default judgment to collect the money.

If you are suing the tenant for money-related issues (a Second Cause), then there will be a second part to the court process. The tenant has 28 days after being served with the complaint to file an Answer with the court, regarding the money you’re seeking.

--> If the tenant does not file an Answer in 28 days, you can file for a Default Judgment. The court may grant you this because the defendant has not responded in time. You can use this judgment to try to collect money from the tenant.

--> If the tenant does file an Answer, then a second trial will be set by the court.

Step 6. Go to Money Trial (2nd Cause)

At this second trial, the court will hear both sides on what money is owed by whom. They will make a judgment about who can collect money, and how much.

Once the tenant files an Answer on the money claims, the Court will schedule a hearing. At this hearing, the Court will ask the tenant and landlord to present evidence and testimony about what money each side owes -- for rent, home damages, living conditions, security deposits, damaged furniture, or other costs. 

The court will decide who owes what money, and will issue a judgment for this to be paid.

If the court decides for you (the landlord) at the money trial, then you can get a judgment that will allow you to collect money from the tenant.

If the court decides for the tenant at the money trial, then they may either not have to pay you any of the money, or they may get a judgment that will allow the tenant to collect money that you owe them.

Find Legal Help

Speak with a free lawyer at the court’s Help Center 

Visit or call the Help Center at 513-946-5650 to get legal information or to make a free 40 minute appointment with a lawyer. They cannot represent you in court. For more information, visit room 113 of the Hamilton County Courthouse or visit https://www.cincyhelpcenter.org

Hire a private lawyer

Visit https://cincybar.org or call 513-381-8359 for a referral. You can ask them about the Modest Means Program. This may let you get a private lawyer for a more affordable price.

Get accommodation at your court hearing

Request a translator or disability accommodation at your court hearing. 

Call the Hamilton County Municipal Court at 513-946-5200 to make your request.