Can Landlord Evict Me for Failing to Pay Rent on Time When I've Been Late Before

Q. Can my landlord lock me out or turn off the utilities if I violate a term of the rental agreement?

A. No. If a landlord wishes to regain possession of the apartment, he must proceed with an eviction in accordance with Ohio Revised Code Section 1923. This requires the posting of a three day notice to vacate on your door. If the landlord returns after the three day period and you have not left, then the landlord must file a lawsuit called a "forcible entry and detainer action" with the local court. A copy of this complaint will be served upon you by the Clerk of Courts and a hearing will be held (usually in front of a small claims court magistrate) within about 15 days in which the landlord will argue that he has the right to evict you, and you may argue that you have the right to stay. Both sides have the right to put on evidence and have witnesses testify in support of their claims.

If the judge decides in the tenant's favor, then the case is dismissed. If the judge decides in the landlord's favor, then this will give the landlord the ability to get a Writ of Restitution (also known as a "Red Tag"). This Writ of Restitution must be posted upon the tenant's door, and from the date that it was issued, the tenant will have five days to move out. If you are in doubt as to whether a Writ of Restitution has been issued, call the Clerk of Courts with your case number from the eviction hearing and they should be able to tell you over the phone. If the tenant is not out in five days, then the landlord can show up with a work crew, a locksmith, and a Sheriff's Deputy and begin to remove your belongings and change the locks. If you refuse to leave at that point, the Sheriff's Deputy will force you to leave.

But the important thing to remember is that the landlord must follow the statutorily described process outlined in Ohio Revised Code Section 1923. If the landlord simply locks you out and puts your stuff to the curb (even though your right to stay at the apartment has terminated), or turns off the utilities, then the landlord is in violation of Ohio Revised Code Section 5321.15 and may have to pay damages (such as your hotel bills, the value of lost or ruined items of your personal property, and attorney fees).

If you found this information helpful and are looking for more information or would like to support this website, please consider ordering a copy of our Tenant's Guide to Fighting Evictions .

Disclaimer: The information provided on ohiolandlordtenant.com is not intended to be legal advice, but general information related to legal issues commonly encountered. The law in your state may be different from that discussed here. The facts in your case may be different too.

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