What is in an FAQ Complaint? Frequently Asked Questions

An Eviction Complaint states the reason Q: Can I still evict a tenant if I do not have a that you are evicting the tenant. All written ? Eviction Complaints must comply with A: Yes, generally speaking, you can still evict Ohio Revised Code 1923.05. a tenant if there is not a written lease. Oral Filing for agreements can be considered a lease. For There is not a form available through the more information, consult Ohio Revised that you can simply fill out. Such Code 1923.01. Eviction forms are available online or through an attorney. Q: Can I evict a tenant for escrowing rent? A ’s Guide A: No, you cannot evict a Tenant only because An Eviction Complaint must contain a s/he escrowed the rent. If you have more First Cause of Action and may contain a questions about this or how it applies to your Second Cause of Action. situation, you should contact an attorney.

First Cause: Q: Once I get an eviction judgment from the The First Cause in an eviction , can I change the locks on my case helps the landlord regain ? of the property. A: Not immediately. Once the judgment is Second Cause: entered against the Tenant, the Tenant will The Second Cause in an eviction receive a red tag on the door of the property. case occurs after the First Cause. Tenant has five (5) days to move out and This is a way for to return the keys to the Landlord. If the Tenant recover any money damages from stays past the five days, a Landlord may the tenant, such as back utilities or request a set out. property damage. A set-out must be requested after the 5th day, Hearings for the First Cause and Second but before the 10th day that the red tag was received. (Ohio Revised Code 1923.14). A Franklin County Municipal Cause take place at different times. supervised set out costs an additional $45. Court Self Help Resource The fee and paperwork can be completed at If the First Cause and Second Cause are the Franklin County Municipal Court Clerk’s Center not included in the Eviction Complaint, office on the 3rd floor of 375 S. High St. money damages must be filed in a separate Complaint in .

□ Next, the Landlord fills out the Eviction How to File an Eviction Complaint. The Complaint must meet the requirements of ORC 1923.05, including: □ First, a Landlord must give the Tenant o Names of the Tenants/ notice of the intent to file an Eviction Defendants spelled correctly The Tenant must receive notice from o Complete and accurate addresses the Landlord at least 3 days before the of the Eviction property Landlord files the Eviction Complaint. o Complete and accurate addresses (ORC 1923.04). It is ideal to give 3 business days’ notice. where the Tenants/Defendants were served The notice may be delivered by: certified mail, return receipt requested, □ Last, the Landlord must file the Eviction handing a written copy to the Action. To file, the Landlord needs: defendant in person, leaving it at the o A copy of the Notice to Leave What is an Eviction defendant's usual residence, or at the Premises that was already served place of the Eviction. on the Tenant(s). An Eviction is a legal action taken by a landlord o The original Eviction Complaint to remove a tenant from the property. An Notice to Leave the Premises MUST, filled out clearly and neatly. Eviction is proper when the tenant has not paid by , contain the following o Two additional copies of the rent or has not fulfilled certain terms of the language “boldly and conspicuously:” Eviction Complaint and all lease. You are begin asked to leave the attachments for each tenant/ premises. If you do not leave, an defendant to be evicted. Lease terms include pet agreements, Tenant eviction action may be initiated o $133 filing fee. The Clerk’s office responsibilities, and many other areas. Not all against you. If you are in doubt will accept cash, checks, money violations of lease terms create a cause for regarding your legal rights and order, or credit card. eviction. If you would like to evict a tenant for a obligations as a tenant, it is lease violation, you should consult with an recommended that you seek legal All originals and copies should be attorney. assistance. (ORC 1923.04). taken to the Franklin County Municipal Court Clerk’s office on the Only the person listed on the property may □ After the three-day period has passed, if 3rd Floor at: file an Eviction. Corporations and other the Tenant has not moved out, the business entities must be represented by an Landlord can file the Eviction Action. The 375 S. High St attorney in an Eviction action. A person other Eviction Action does not have to be filed Columbus, OH 43215 than the property owner (like a property on the day after the three-day period ends, manager) may NOT represent the owner in but must be filed in a reasonable amount If you would like more information about the court, even if the owner signs a power of of time. If too much time passes, the process for filing an Eviction, please contact: attorney. If you have questions about whether it process starts over again. The FCMC Self Help Resource Center is proper for you to pursue an Eviction Action, 369 S. High St., 10th Floor you should consult with an attorney. Columbus, OH 43215