How to fight an eviction in Ohio

Once your landlord files an eviction case against you in court, it can be hard to fight it.

• If you don't pay rent, you can be evicted. Ohio law says that your landlord can evict you if you don't pay your rent. This is true even if you lose your job, get sick or don't have the money.
• Not being able to pay is not a good reason to fight an eviction in Ohio. Your landlord can evict you even if you lose your job, get sick or don't have the money to pay rent. If you know you won't be able to pay your rent, contact your landlord as soon as possible and try to negotiate.
• Sometimes the best option is to move out after you get a 3-day notice to leave. If you stay, and the eviction case is filed in court, it will be harder for you to rent in the future. The eviction will show up on your background check and credit reports.

If you can't move out, know that Ohio law requires your landlord to give you a 3-day notice and then file an eviction with the court. Landlords can't evict you or lock you out without going to court. Generally you will have 4 to 6 weeks after you get a 3-day notice to leave. Learn more about the eviction timeline in Ohio.

Common defenses to eviction in Ohio

If you want to successfully fight an eviction, you need a good defense.

Some common defenses to eviction are:

• You paid late with no problems, until now. Your landlord regularly accepted your late payments but now is evicting you for paying late. You could argue there’s a “pattern and practice” of your landlord accepting the late payments. The court can decide whether to agree with you. You will need evidence of your history of late payments. Keep in mind that a pattern is more than a couple of times. If your landlord wants to stop the pattern of late payments, they must tell you in writing, usually 20 to 30 days before your next payment is due.
• Your landlord didn’t wait 3 full days before filing the court case. Your landlord must give you a 3-day notice to leave the premises before they can file the eviction case in court. Usually, they post the notice on your door. Then they have to wait at least 3 full days after they post the notice before they can go to court. For example, if the landlord posts the notice on Friday, usually they can file in court as soon as Tuesday. If the third day is a Sunday or a holiday, they have to wait an additional day. Find the rules for counting days in Ohio law.
• Your landlord refused your on-time rent payment. If you can prove you paid your rent on time but your landlord refused it, this can be a strong defense to eviction. For instance, maybe your lease has a grace period, and you paid within the grace period.
• Your landlord is retaliating because you complained. This is hard to prove, but a landlord can't evict you just because you complain about something the landlord should have done. For instance, you are current in your rent but you filed a complaint with code enforcement or the health department.
• Your landlord is discriminating against you. If your landlord is evicting you because of your race, gender or disability, or because you have children, it could be housing discrimination.

Other times you may want to fight an eviction

Fighting an eviction can be hard, but you may want to fight an eviction if:

• You live in subsidized housing. If you live in subsidized housing, your landlord must prove "good cause" to evict you. For example, if the reason you couldn't pay rent wasn't your fault and you tried to pay rent as soon as you could, the landlord may not have good cause to evict you. Learn more about eviction from subsidized housing and how to get help.
• You live in a mobile home park. Eviction from a mobile home park can be different from other evictions. If you are evicted, you could lose your home. If you are being evicted because you violated the park rules, the landlord must show that the violation was "material." Learn more about eviction from a mobile home park and how to get help.
• You are paying rent through rent escrow. If you are properly paying your rent to the court through the rent escrow process, your landlord can't evict you just because you're paying through rent escrow. Learn about what to do after you have filed rent escrow.

If you do not pay your regular rent on time, the law says your landlord can evict you, even if you lose your job or get sick. So, losing your job or getting sick are not good reasons to fight an eviction.

Sometimes people ask if you can be evicted when it's very cold outside or during the winter months. In Ohio, you can be evicted, even if it's wintertime or very cold outside. 

If you decide not to fight the eviction

If you decide not to fight the eviction, you should try to get your eviction dismissed. To get your eviction dismissed:

• Move out of the home. First, move out of the home completely.
• Arrive at the court early and check in. Learn more about what to expect at a hearing.
• Go to the hearing. You must attend the hearing, even if you move out first. It is a good idea to bring your keys so you can officially give them to your landlord.
• Ask for the case to be dismissed. At court, you could say: 
  “Your honor, I have completely moved out of the home, located at [state the address]. I have my keys, which I’d like to give to my landlord now. Since I have moved out, I would like to request that my eviction case be dismissed.” 
  
  Or, if you already returned your keys, say:
  “Your honor, I have completely moved out of the home, located at [state the address]. I gave my keys to my landlord on [state the date]. Since I have moved out and turned in my keys, I would like to request that my eviction case be dismissed.”

If the judge dismisses your case, you can answer “no” when future landlords ask if you were ever evicted.

How to fight an eviction

If you decide to fight an eviction, you should:

• Get a lawyer. It’s hard to win an eviction case by yourself. Contact a local legal aid for help. If you get a lawyer, make sure to follow your lawyer's instructions. If you can't get a lawyer, you will need to prepare for the hearing. 
• Prepare for the hearing. Gather evidence like receipts and photos. Ask witnesses to join you at court and speak on your behalf. Get directions to the court’s location.
• Go to court. Arrive at the court early and check in. If you feel comfortable, speak with your landlord while you are waiting and mention that you are planning to contest the eviction. You can also try to see if your landlord is open to negotiating an agreement to allow you to stay or to give you more time to move. If you reach an agreement, make sure to get the agreement in writing. Also, wait for your case to be called and tell the judge your agreement, as well. Taking this step might save you, your landlord and the court a little bit of time. 

What to expect at court

When your case is called, you and your landlord will be sworn in. Then, the hearing will take place.

If you haven’t found a lawyer yet, you can ask the court for a continuance like this: 

"Your honor, I am asking for a 1-week continuance so that I can try to get a lawyer to help me with this case.”

If the court agrees, they will reschedule the hearing. 

When the hearing begins, your landlord speaks first. When it's your turn, speak up for yourself, but do not interrupt the judge or anyone else. Tell the judge why you should not be evicted. Share evidence, and let your witnesses share their information.

Learn more about what to expect at a hearing.

Learn more about how to speak up in court. 

After the hearing

After the hearing, the court decides who wins. If you win, you have the right to stay in your home. 

If you do not win, your landlord has the right to evict you. You have 7 days, or less, to leave. Otherwise, the sheriff is allowed to come in and force you out.

Learn more about the eviction process and timeline.