The Eviction Process
In Hamilton County, OhioHow does an eviction work?
Tenants or landlords may need to go through the eviction system, to resolve disputes with each other. This can be a complex and scary process.
Use the guides on this website to help understand the steps in eviction, and how to resolve your problems. At any time during the process, the landlord and tenant can work out a settlement that will stop the eviction.
Landlord's Step-By-Step Eviction Process
If you are a landlord, there are specific steps and rules to follow when you are considering eviction. There are also opportunities to settle the problems with the tenant out of court.
Tenant's Step-by-Step Eviction Process
If you are a tenant facing eviction, you can find the process and rules to follow. You can also try to work with your landlord to reach a settlement out of court, to resolve your problems.
How does an eviction work in Ohio?
In Hamilton County, Ohio, an eviction process moves along these six steps. At any time in this process, you may reach a settlement that solves both the landlord and tenant problems.
Please note that there may be 2 trials: the 1st about eviction from the home, and the 2nd about money owed.
- Warning Notice: The landlord gives the tenant a 3- or 30-Day Notice (followed by a 3-day Notice) to Leave.
- Lawsuit Filed in Court: If the tenant doesn't fix the problem or leave the home, the landlord may file a complaint in court and make sure the tenant is served.
- The tenant and landlord can possibly work out a settlement outside of court, to stop the trial.
- Eviction Trial (first trial): If no settlement is reached, then the landlord and tenant go to the Eviction Trial. The judge (magistrate) may issue an order for eviction.
- Set Out from Home: If the court gave them an eviction order, then the landlord must wait the required time (like 7, 3, or 0 days) and then schedule a Set Out with the bailiff. At the Set Out, the tenant's things may be removed from the home and the locks changed
- Tenant Answers Money Claims: If the landlord also asked for money claims, then the Tenant has 28 days to respond with an official Answer. This will tell the court if they disagree with the money claims.
- Money Trial (second trial): Both the landlord and tenant go to the Money Trial and the court will decide who owes whom money. The court may issue a judgment to allow the landlord or tenant to collect money from the other side.
How does the eviction system work in Hamilton County, Ohio?
A landlord may try to remove a tenant from their rented home by suing them in court. This can get them an eviction order to have the tenant leave. The landlord and tenant can also work out a settlement agreement outside of court.
Please note: a tenant does not have to leave their home unless the landlord has a court order to make them leave.
It is illegal to force a tenant to leave, unless the landlord has a court order to evict them.
1. Problem
The landlord and tenant have a problem with each other. It could be missed rent payments, lease violations, or another issue.
2. Notice to Quit
The landlord gives the tenant a 3-day or 30-day notice that warns of a possible eviction if the problem isn't solved.
3. Lawsuit Filed
The landlord may file a lawsuit against the tenant, to get a court order to evict them from the home.
4. Eviction Trial
The court holds a hearing to decide whether to give the landlord an eviction order or not.
5. Order #1
At the hearing, the court may grant the landlord an official order to let them evict the tenant from the home.
6. Set Out
The bailiff can use the eviction order to physically remove the tenant from the home.
7. Money Suit
The landlord may also sue the tenant to get money from them. The tenant can reply to the money suit. If they do file an Answer, there will be a Money Trial.
8. Order #2
At the Money Trial, the court may give the landlord an order to let them collect money that the tenant owes them. Or it may give an order for the tenant to collect money from the landlord.
Working it Out
The tenant and landlord can also resolve the problem without going to court. They can fix the problem, or come up with a Settlement Agreement that works for both of them.
Find Legal Help
Speak with a free lawyer at the court’s Help Center
Call the Hamilton County Help Center at 513-946-5650 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
Find a Legal Aid lawyer to represent you in court
Call Legal Aid Society of Cincinnati at 513-241-9400, or go to https://www.lascinti.org/.
You may qualify for a free lawyer. If eligible, Legal Aid could represent you in court.
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.