Rent deposits - duty of clerk of court. See the information about the Franklin County Rent Escrow program in the box to the right.
Terms prohibited in rental agreement. Unconscionable terms. Acts of landlord prohibited if residential property involved. Procedures for security deposits.Defenses - counterclaims. See the Forms box of this guide for a sample of how to file defenses and counterclaims.
Stay or adjustment of obligation for tenant on active duty.CARES Act provides that 30 day notice must be given to evict a tenant from subsidized or federal mortgage backed property.
30 days notice must be given in 10th District Court of Appeals territory before evicting a tenant from subsidized or federal mortgage backed property.
According to the US Dept of Justice, Civil Right Division Guidance : When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
U.S. Dept. of Justice, Civil Rights Division, Disability Rights SectionHUD Notice: FHEO-2013-01 Issued: April 25, 2013
Expires: Effective until Amended, Superseded, or Rescinded.
Emotional support animals that do not qualify as service animals under the ADA may nevertheless qualify as reasonable accommodations under the FHA.
Bazelon Center for Mental Health Law. Page 6 contains wording for a letter from doctor or therapist stating that tenant has a mental illness and needs a support animal.
Where are they allowed and under what conditions? From the ADA Network. Michigan State University, updated 2023
A tenant in the Ohio eviction process may assert any of the following defenses:
Every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least fifty (50) square feet of floor space for each occupant thereof.
For purposes of this section, a child under one year of age shall not be counted as an additional occupant.
Prevents landlords from turning down a renter based on a legal source of income. Defines "legal source of income" for purposes of Columbus City Code 4551.03New section in 2024 requires landlords to provide relocation assistance when their property has problems.
Gives new tenants the choice to pay security deposits upfront, or in installments over three or six months.
Requires landlords to provide tenants with receipts for rent payments,Ensure that no operator shall refuse to accept tender on behalf of a tenant on the basis that the tender was proffered by a person other than the tenant.
Exempts calls to the police about domestic violence from the definition of public nuisance.Pursuant to this legislation, effective June 30, 2020, legal counsel shall be provided to Cleveland tenants at and below 100% of the federal poverty guidelines who have at least one child in the household.
Franklin County Law Library Brown Bag Lunch Series June 20, 2018. Handout of Legal Aid attorney Jyoshu Tsushima
The Franklin County Municipal Court Self Help Center at 375 S. High St on the 6th Floor, hosted these workshops by Community Mediation Services. Click on flyer for details.
Columbus Dispatch 10/8/19This is an answer to the eviction. The form is from the Southeastern Ohio Legal Services of Chillicothe.
This packet from the Columbus Legal Aid Society contains useful information about how to complete the forms. It was developed from information provided by: “A Guide to Representing Yourself in an Eviction Case” Legal Aid Society of Greater Cincinnati Prepared by: Ohio State Legal Services Association NAPIL Equal Justice Fellow. It includes both an Answer and a "Answer & Counterclaim".
Franklin County Municipal Court Form Form assistant from Ohiolegalhelp.org Ohio Legal Help - Form AssistantTool to help you write letters to your landlord explaining why you are late with rent or asking for repairs.
In Franklin County, evictions are filed on the 3rd Floor of 375 South High Street in Columbus, Ohio with the Franklin County Municipal Court. This page is from the Court Clerk's office and explains the process of filing an eviction.
ABA House of Delegates adopts these resolutions in Feb. 2022. Includes a resolution that "A court that hears eviction cases should automatically seal the names of defendants before a final judgment and in dismissed cases, and courts should have practical procedures for sealing or otherwise protecting the privacy of defendants where other good cause exists."
ApartmentTherapy.com Something to think about from the Markup 5/29/20 iPropertyManagement.com Consumer Financial Protection Bureau 10/12/23 Landlord-Tenant Mediation Housing Disputes ProPublica 11/16/23 Free service that helps you write letters to your landlord Columbus Urban League Ohio Legal Help From the Children's Advocacy Project of Columbus Legal Services Corporation survey of state eviction laws, laws enacted as of 1/1/21 Rent help in the Columbus area From the Ohio Poverty Law Center, LLC Ohio State Bar Association The Legal Aid Society of Columbus Rental rights, fair housing, housing advocacy, tenant organizing form COHHIO U.S. Department of Housing and Urban DevelopementTenant Guide from Ohio State University's Undergraduate Student Government’s Student Affairs Committee.
A design research report from Stanford’s Justice By Design: Eviction class in Winter 2022Depending on the reason for the eviction, the Ohio eviction notice may be 3-days or 30-days.
3-Day Notice
For nonpayment of rent or in cases where the landlord has knowledge of a search warrant executed against the tenant or a person living on the property for illegal drug activity, the notice is 3-days. Note that in Franklin County , Olentangy Commons v. Fawley says that 30 days notice must be given to tenants in subsidized housing or if the property is backed by a federal mortgage.
30-Days Notice
For matters concerning a breach or violation of a material provision in the written lease, the Ohio eviction notice is 30-days. This also applies to month-to-month tenancies where a full rental month’s notice is required.
These notices may be served personally on the tenant or given to someone residing there, or it may be posted on the unit door or left in a conspicuous location.
Summons and Complaint
Should the tenant not pay the overdue rent within the 3-day period or the tenant has not complied and cured the lease provision violation within 30-days, the landlord must file and serve a Summons and Eviction Complaint.
The documents can be served personally, by leaving it at the tenant’s residence or it may be served by certified mail. The tenant must be given at least 7 days (not counting Sundays and holidays) between service of the Summons and the court date.
A tenant may file an Answer to the Complaint by denying the allegations and file it by the court date if he or she wishes to contest the eviction.
Court Date
If the tenant is contesting the eviction, the court will typically reschedule the hearing for up to 8 days. The tenant will also be asked to post a bond. The parties are entitled to a jury trial if timely requested, otherwise a court trial will be held.
At the eviction hearing, the landlord must prove that the tenant has not paid the overdue rent or has violated some material provision of the lease. Rent receipts, damage estimates, photographs, police reports and witness testimony may be presented. The tenant may also present any evidence to refute the allegations or prove any counterclaims if alleged at the time the Answer is filed.
Judgment/ Writ of Execution
Per Franklin County Municipal Court Local Rule 6.08 should actual, physical set-out of property be required pursuant to a writ of restitution of premises, plaintiff shall file with the clerk's office a "Request for Set-Out" on the form designated by the court, and pay the fee provided in Loc. R. 13, Schedule 9.00. The form must be filed and the fee paid within ten days after the issuance of the writ of execution for restitution.
Plaintiff shall arrange for sufficient workers to be present, at plaintiff's expense, to accomplish the set-out within one and one-half hours, under the supervision of the Franklin County Municipal Court Service Bailiff's Office. No set out shall occur until five (5) days after service by the service bailiff of a red tag notice to vacate the premises. Request for an immediate set out from the premises shall be made at the time of the eviction hearing.
