Are you a landlord or tenant staying in and around Ohio? Read this tutorial to know more about your rights as a tenant or landlord.
Are you living in rented accommodation in Ohio? Are you aware of the rental laws in the locality? On what grounds can a tenant be evicted from the rental property? What are the tenants’ rights against eviction? Rental laws are unique to each locality or county in Ohio; however, we can discuss the standard rules concerning tenancy and rental agreements. This article will help you answer all your queries concerning rental arrangements.
What is the grace period for eviction?
The grace period for eviction differs based on the reason for eviction and the rental period.
Termination of the rental agreement with a valid cause
If the landlord has a legitimate reason like the tenant defaulting on the rent, possessing, manufacturing or selling banned drugs at the rental premises or violation of any of the terms of the rental agreement; then the landlord can initiate an eviction notice against the tenant with a grace period of 3 days. The owner will have to communicate to the tenant that he will get 3 days to move out of the accommodation, or an eviction notice will be initiated against him. A landlord is entitled to file an eviction lawsuit in the event of the tenant failing to move out within the time mentioned in the notice.
Eviction without a valid reason
The tenant cannot initiate an eviction notice against the tenant without a valid reason. Landlords will have to wait until the expiry of the rental or lease term for the tenant to move out of the rented premises. In some cases, the landlord will have to send a written notice to the tenant asking him to move out of the accommodation once the term expires.
Month on Month tenancy
in case the agreement is on a month on month basis, then the landlord will have to give the tenant a 30-day written notice to initiate the eviction process. The notice has to explicitly state the date on which the tenant has to vacate the rental premises. If the tenant fails to vacate within the specified period, then the landlord can initiate an eviction suit against him/her.
Squatter Rights
Squatter is a person who occupies an abandoned property without the consent of the owner or any legal permissions. While Squatting is not considered as a criminal offense, it can lead to legal proceedings once the owner communicates about his illegal possession of the property.
There are certain rights to the Squatters if they have led to significant improvements or beautification to the abandoned property.
If there was a legitimate reason for the occupancy.
The squatter can also get the title of the property provided he continuously occupied it for more than 21 years. Know more about the squatter rights in Ohio.
How long does it take for a tenant to be evicted?
The whole eviction process can take anywhere between three to five weeks from the date of serving a three-day eviction notice. In the event of the tenant not adhering to the eviction period, the landlord can proceed with the legal remedies. If there was a delay in filing the complaint, then it might further prolong the eviction process.
Once the landlord submits the complaint in the court of law, the court might schedule the hearing in about 2 or 3 weeks. Here the tenant can delay the process by a week citing certain loopholes. In the event of the court granting the eviction, the tenant will get about 5 to 10 days to vacate the property. If not, the landlord will have to use the services of the bailiff to evict the tenant. The whole process can take more than 5 weeks.
What is the cost of an Eviction?
The cost of eviction mainly comprises of the filing fee, the red tag fee, and the set-out fee. All of it put together can cost you about $200. However, you will not need the set-out fee as most tenants will move out on their own in the event of the court order for eviction. Check with your renters insurance to see if it covers any costs associated with evictions.
Can the tenant be evicted on weekends?
If the tenant is willing to move out on his own, there are no legal issues. However, if the eviction is on a set-out basis, then it cannot happen on a weekend or public holiday.
Know more about tenancy right in Ohio.
References
- Squatter rights in Ohio. – https://www.ocj.com/2017/11/squatters-rights-being-sussed-out-in-the-ohio-supreme-court/
- More – https://www.thelantern.com/2019/02/a-tenants-rights/