Legal Question in Landlord & Tenant Law in Ohio

In Ohio, if there is no written lease, then there can still be an oral lease or what is called a "tenancy at will." To terminate these, under Ohio Revised Code Section 5321.17 you should give 30 days notice (in writing is best) from the begining of the next month that you want the tenant out. If, after 30 days from the first day of the next month, the tenant is still there, then you can post a three day notice to vacate upon the door (you should get one of these online that works in Ohio because Ohio law is very particular about the exact language that needs to be in it. Some municipal court websites have a free copy of one that will work).

Once the three days have passed (and that is three days that the Court is open, and the day you posted the three day notice doesn't count toward the three days), then you can file a Forcible Entry and Detainer Action with the Court (usually the municipal court). The Court will then send out the FED Complaint to the tenant with a summons page informing the tenant what the hearing date will be.

The Court will then hold a hearing and determine who has the right to possession. If the Court decides in your favor then the Court will issue a decision and you can take that decision down to the Clerk of Court's office and apply for a Writ of Restitution and a Praecipe for Set Out. Once the Writ of Restitution is posted on the door by the bailiff, the tenant will only have a few days to get out, and if he or she is not out by then, then you can, under the Praecipe for Set Out, arrange to meet with the bailiff, a locksmith of your choosing and a work crew of your choosing and the locks will be changed and the tenant's stuff will be set out. The Bailiff will supervise.