Legal Steps for Landlords in Ohio if a Tenant Fails to Pay Rent on Time

As a landlord in Ohio, there are several legal steps you can take if your tenant fails to pay rent on time:

1. Deliver a written notice to the tenant – Ohio law requires landlords to provide a written notice to their tenant stating the amount of rent that is owed and the date by which it must be paid. The notice must allow at least three days for the tenant to pay, and it must be delivered in person to the tenant or left at their residence. The notice can be sent by certified mail, but it is not considered “delivered” until the tenant has actually received it.
2. File an eviction lawsuit – If the tenant fails to pay the rent even after receiving the written notice, the landlord can file an eviction lawsuit in court. The lawsuit must be filed in the county where the rental property is located, and it must be served to the tenant by a process server or a law enforcement officer. The tenant must have an opportunity to respond to the lawsuit, usually by filing an answer within a certain timeframe.
3. Attend a hearing – If the tenant files an answer to the eviction lawsuit, the landlord and tenant will have a hearing in court. At the hearing, the landlord must present evidence showing that the tenant did not pay rent on time and that the landlord followed all required legal procedures. If the landlord prevails, the judge will issue a judgment of possession and the tenant will have to vacate the rental property.
4. File for a money judgment – If the tenant owes back rent in addition to the current rent, the landlord can file for a money judgment in court. This is a separate lawsuit in which the landlord seeks to recover the unpaid rent, as well as any other damages that may have resulted from the tenant's failure to pay rent on time. The landlord can seek to recover not only the unpaid rent but also any expenses the landlord incurred in trying to collect the rent.

It is important to note that Ohio law provides some limitations on these legal remedies. For example, a landlord cannot use “self-help” measures, such as changing the locks, to force the tenant out of the rental property. Additionally, there may be defenses available to the tenant in an eviction lawsuit, such as withholding rent due to poor conditions in the rental property or an improper notice from the landlord.

If you are a landlord dealing with a tenant who has not paid rent on time, it is always advisable to consult with an experienced landlord/tenant attorney to discuss your legal options and the best course of action for your particular situation.