A. EVICTION PROCEEDINGS
The provisions of R.C. §§1923 and 5321 govern actions involving forcible entry and detainer. A four-step process must be followed by a landlord before a court will order a tenant to vacate the premises.
First, the lease must be terminated either by a proper termination notice (R.C. §5321.17) or by breach, i.e. nonpayment of rent (R.C. §5321.05; second, a notice to vacate the premises is required (R.C. §1923.04); third, a complaint in forcible entry and detainer must be filed with the court (R.C. §1923.05); and fourth, a hearing must be held no sooner than seven (7) days from the filing of the complaint and the service of summons.
B. SUMMONS
Pursuant to R.C. §1923.06, a summons shall be served at least seven days before the day set for trial. Service may be made to the person subject to forcible entry and detainer or to another person of suitable age and discretion found at the premises. In addition, service may be made by posting a copy in a conspicuous place on the premises or the clerk may mail, by certified mail with return receipt requested, a copy of the summons to the address set forth in the summons.
If a landlord files an eviction complaint for a drug-related eviction, the clerk of courts is required to serve and return the summons within three days, if possible and set the action for trial on the 30th day after the date of service of the summons. Continuances are prohibited. (R.C. §1923.05(A)(1) and (2)).
D. JURY TRIAL
Pursuant to R.C. §1923.10, either party to an eviction proceeding may request a jury trial. If a jury demand is not filed by the return day of the summons, the case may be heard by the county court judge or magistrate (R.C. §1923.09). A tenant who requests a jury trial may be required to advance a deposit pursuant to R.C. §1901.26(A)(3). If the tenant is indigent, the deposit may be waived (R.C. §1901.26(A)(3)).
E. RENT DEPOSIT
When the filing of a jury demand requires the court to continue the trial date, the court may require the tenant to deposit rent as it accrues pursuant to R.C. §1923.08. When a tenant files counterclaims in nonpayment of rent actions, all or part of the past due rent must be deposited with the court (R.C. §1923.061).
F. JUDGMENT FOR LANDLORD
After a judgment for the landlord, the court must issue a writ of restitution which instructs the bailiff to enforce the judgement (i.e., remove the tenant’s person and property from the premises). Revised Code §1923.14 requires the execution of the writ within ten days of the judgment.
G. RENT ESCROW
If a landlord fails to fulfill obligations imposed by R.C. §5321.04, or the rental agreement, the tenant can deposit rent into escrow, with the clerk of the court, to enforce the landlord’s obligations. The clerk may require the tenant to sign an affidavit swearing that the statutory preconditions of R.C. §5321.07 have been met. A tenant will not be required to pay a fee prior to depositing rent. Pursuant to R.C. §5321.08, the clerk of courts is required to notify the landlord of the deposit.
The landlord may apply for a release of the rent if the tenant failed to comply with the statutory requirements or if the conditions have been remedied. R.C. §5321.09. The tenant may file an answer or counterclaim to the landlord’s request. R.C. §5321.09(B) The landlord may also apply for a partial release of rent to meet certain operating expenses. R.C. §5321.10