What steps should a landlord in Ohio take if a tenant has not paid rent?

If a landlord in Ohio has a tenant who has not paid rent, there are certain steps that the landlord can take to try to collect the past due rent. The following is a general overview of the legal options and procedures available to landlords in Ohio:

1. Send a Written Notice

The first step a landlord should take is to send a written notice to the tenant requesting payment of the past due rent. The notice should include a specific deadline by which the tenant must pay the rent or face eviction proceedings. The landlord should keep a copy of the notice for their records.

2. File an Eviction Suit

If the tenant fails to pay the past due rent by the deadline specified in the written notice, the landlord can file an eviction suit in court. In Ohio, the eviction process is governed by Chapter 1923 of the Ohio Revised Code.

3. Attend Eviction Hearing

The court will set a hearing date and notify both parties of the date and time. At the hearing, the landlord must provide evidence to support the claim for possession of the rental property. The tenant will also have an opportunity to present their case. If the court finds in favor of the landlord, the tenant will be ordered to vacate the rental property.

4. Obtain a Judgement for Past Due Rent

If the eviction proceedings result in a judgement in favor of the landlord, the landlord can obtain a judgement for the past due rent. This allows the landlord to use legal enforcement to collect the amount owed.

5. Garnishments and Liens

Landlords can also seek to collect past due rent through wage garnishments or liens against the tenant's property. However, this can be a time-consuming and costly process.

6. Consult with Legal Counsel

If a landlord is considering legal action against a tenant who has not paid rent, it is important to consult with legal counsel to ensure that all legal procedures are followed correctly.

It is important for landlords to note that there are limitations and exceptions to the legal options available to them. For example, landlords cannot file an eviction suit against a tenant in retaliation for the tenant exercising their legal rights, such as reporting the landlord for health and safety violations. Additionally, there may be certain circumstances, such as the tenant filing for bankruptcy, that can affect the landlord's ability to collect past due rent.

If a landlord is struggling to collect past due rent, they can also consider alternative options, such as working out a payment plan with the tenant or seeking mediation services to resolve the dispute. Ultimately, the best course of action will depend on the specific circumstances of each case.