As a landlord with years of experience owning and managing properties in Ohio, I understand that one of the most undesirable responsibilities we have is evicting someone. And it becomes even more complicated when there is no written lease in place.
In Ohio, landlords must follow the formal eviction process even if there’s no lease in place. This means you can’t just change the locks, remove personal belongings from the property, or shut off utilities. Doing so would qualify as a self-help eviction, which would likely result in legal consequences for you.
This guide will walk you through how to evict a tenant without a lease in Ohio in 2025. You’ll learn about notice requirements, the court process, tenant rights, timelines, and best practices to protect yourself legally and financially.
Understanding Informal Tenancies in Ohio
Not every rental arrangement involves a signed lease. Many landlords rely on verbal agreements, especially when renting to friends or family members. These arrangements are often referred to as informal tenancies or tenancies at will. While these agreements may seem convenient or flexible when they’re made, they come without the security and clarity of a signed lease.
What Counts as “Tenancy without a Lease”
A tenant without a lease may fall into one of several categories:
- Tenancy at will – this is a type of tenancy where a tenant has permission to occupy the property, but there is no formal lease agreement in place. This also applies to situations where someone, often a friend or relative, was permitted to live on a property without paying rent.
- Verbal lease agreement – These agreements arise when a clear rent amount, due date, and tenant/landlord responsibilities are established, but not put into writing.
- Holdover tenant – Holdover tenants are created when a lease agreement expires and the tenant remains in the property without the landlord’s approval
- Month-to-month or week-to-week tenancies – these are often created when fixed-term leases expire and the tenant continues to pay monthly, and the landlord continues to accept payment.
Many of these informal tenancy types can have some overlap. The important thing to know is that Ohio law recognizes all of these as valid forms of tenancy. That means even without paperwork, a tenant still has rights a landlord must respect.
Legal Framework Governing Evictions without a Lease in Ohio
As stated previously, evictions for tenants without a lease must still follow Ohio’s formal eviction process. Understanding the legal framework helps landlords protect themselves from costly mistakes such as fines, dismissed cases, or even lawsuits from tenants.
Key Ohio Laws Landlords Must Know
Two sections of the Ohio Revised Code (ORC) are especially important:
- Chapter 5321 – Landlord-Tenant Law
This chapter outlines the basic rights and responsibilities of landlords and tenants. It covers rent collection, maintenance obligations, tenant notice periods, and the legal process for eviction. Even informal tenants are protected under these statutes. - Chapter 1923 – Eviction Process
This section explains the court procedure for eviction, including filing complaints, required notices, and obtaining a Writ of Restitution for sheriff enforcement. Ohio law strictly prohibits self-help evictions, which means landlords cannot lock out tenants, shut off utilities, or remove belongings without a court order.
Common Reasons to Evict a Tenant without a Lease in Ohio
Even if a tenant has no written lease, you may still seek eviction for a handful of legally valid reasons:
- Nonpayment of rent – if the tenant is expected to pay rent, and they don’t, you can legally seek eviction
- Violation of rental terms – This is where not having a written lease in place hurts landlords. Outside of the rent amount and due date, any other rental terms you agree to may be hard to prove. However, damaging the property, disturbing neighbors, or engaging in illegal activities are obvious activities that landlords can use as a cause to evict tenants.
- Termination of month-to-month tenancy – In Ohio, either party, including the landlord, may end a month-to-month tenancy with proper notice, and no cause is needed.
Documentation is Your Best Defense
Even for tenants without a lease, keeping detailed records is crucial. Document all rent payments, communication regarding rules or complaints, and any warnings given. This documentation can be the deciding factor in court if the tenant challenges the eviction.
The Legal Eviction Process without a Lease in Ohio
Step 1: Provide Notice to Quit
Ohio law mandates different notice periods depending on the type of tenancy and the reason for the eviction.
3 Day Notice to Quit
This is used for tenants who fail to pay rent or violate agreed-upon tenancy rules. This notice informs the tenant that they must vacate the property within three business days, excluding the date on which the notice was delivered. You must include the tenant’s name, address, and reason for the eviction.
There are three legally acceptable ways to deliver the notice: certified mail, personally handing the notice to the tenant, or posting the notice on the tenant’s door. However, I personally prefer posting the notice on the tenant’s door. Tenants do not generally claim certified mail, and personally handing the notice to your tenant will likely cause an altercation. All you need to do is securely tape the notice to the door and take a picture so you can prove delivery later. There’s no need for the tenant to sign the notice.
👉 Download Sample 3 Day Notice
30-Day Notice for Month-to-Month or No-Cause Terminations
Month-to-month tenants are entitled to at least 30 days’ notice for a no-cause termination. This allows the tenant sufficient time to find new housing while giving the landlord the right to regain possession lawfully. Keep in mind, the 30-day notice does not take effect on the 30th day after delivery, but rather on the next rent due date that is at least 30 days away from the notice delivery. You may deliver the notice using one of the three legally valid delivery methods mentioned above.
👉 Download Sample 30 Day Notice
Step 2: File an Eviction Lawsuit
If the tenant doesn’t leave the property, you can begin an eviction lawsuit by filing an eviction complaint, also known as a forcible entry and detainer complaint, with your local Municipal or County Court. This document informs the court of the landlord’s claim and provides the tenant with an opportunity to respond.
Here’s what you should include in the complaint:
- Tenant’s full name and address
- Property address
- Reason for eviction (nonpayment, violation of rules, or no-cause termination)
- Dates of notices served and copies of the notice
- Rent records, communications, or other supporting evidence
As of 2025, filing fees in Ohio vary but average $195 for Municipal Court Cases, and $341 for Common Pleas Court or County Court.
Step 3: Attend Court Hearing
Once the court schedules the hearing, both the landlord and tenant present their cases. Hearings are typically brief, often lasting just 15 minutes. Landlords should arrive early, bring all relevant documentation, and be prepared to explain clearly why the eviction is justified. The judge reviews:
- The eviction complaint
- Supporting documentation, like rent payment history or photos of property damage
- Proof that proper notice was served
- Any tenant defenses raised
Common Tenant Defenses
Understanding these defenses allows landlords to anticipate challenges and strengthen their case by keeping detailed records of communication and proper notice service.
- Improper Notice – Claiming the notice was not served correctly or did not provide sufficient time.
- Retaliation – Arguing the eviction is in response to complaints about safety, repairs, or other tenant rights.
- Discrimination – Claiming the eviction violates fair housing laws based on race, religion, disability, or other protected categories.
- Procedural Errors – Contesting mistakes in filing the complaint or documentation.
If the judge rules in your favor, the court will order the tenant to vacate the property.
Step 4: Post Judgement – Writ of Restitution and Sheriff Enforcement
The court will then issue a Writ of Restitution (also known as a red tag), which is a legal order issued by the court following a judgment in favor of the landlord. It directs the sheriff to remove the tenant from the property if they have not vacated voluntarily. The writ ensures the eviction is conducted lawfully and protects the landlord from potential claims of illegal eviction. Again, landlords should never attempt to change the locks or remove the tenants’ belongings themselves, as this is illegal under Ohio law.
The writ of restitution is given to a bailiff or sheriff, who will then post it on the rental unit’s door. This is also known as “red-tagging.” The red tag notifies the tenant that they have a limited amount of time, typically 5 to 7 days, to vacate the property. If the tenant fails to leave within that period, the landlord may remove the tenant and their belongings from the premises in the presence of a bailiff. The red tag, along with the potential loss of personal property, usually serves as a strong incentive for the tenant to leave voluntarily.
When the red tag expires, it’s up to the landlord to verify that the tenant has vacated the property. If the tenant has not vacated the property, they must apply and pay for a “set out.” A set out is where a bailiff meets the landlord and the landlord’s crew to remove the tenant and their belongings from the property. Some courts, such as those in Cleveland, require landlords to use licensed and bonded movers to handle a tenant’s personal belongings, furniture, and other property. In other jurisdictions, landlords or their agents may be allowed to move the items themselves.
Step 5: Handling Tenant Property After an Eviction
Most courts in Ohio just require movers to place the tenant’s belongings on the tree lawn. Some courts, however, require the landlord to move the property into storage, with the tenant typically responsible for any fees to retrieve their items.
If leaving the property outside poses a health or safety risk, such as the presence of bedbugs or roaches, the bailiffs may adjust this process. Items that cannot be safely set out, like weapons, cash, or drugs, are usually taken back to the court for safekeeping. The tenant can contact the court to arrange the retrieval of these items.
Common Mistakes to Avoid When Evicting Tenants in Ohio
Even experienced landlords can make errors when evicting a tenant without a lease in Ohio. These mistakes can delay the process, increase costs, or expose landlords to legal liability:
- Failing to Serve Proper Notice
- Attempting Self-Help Eviction – Changing locks, cutting off utilities, or removing a tenant’s property is illegal in Ohio, even for tenants without a lease.
- Poor Documentation – Failure to keep detailed records can jeopardize a landlord’s case. Document rent payments, notices, communications, and property condition.
- Rushing the Process – Trying to speed up eviction by skipping court procedures or using threats can backfire. Legal timelines exist to protect both parties, and skipping steps may result in court dismissal or fines.
- Mishandling Tenant Property – Disposing of tenant belongings without proper notice or storage can lead to claims for damages. Follow local municipal or county law for inventory, secure storage, and notification before disposal.
When to Sell Rather Than Evict
Evictions cost money, take time, and are just a headache. Selling your rental property to a cash buyer may be a smarter option. Cash investors, like Snap Sell Homebuyers, buy homes with non-paying or uncooperative tenants. These buyers can buy your house quickly and completely as-is.
Visit us to learn more: Cash Home Buyers in Ohio
Key Takeaways
Evicting a tenant without a lease in Ohio is possible, but requires a clear understanding of state law, careful planning, and meticulous documentation. While this guide aims to give you all of the knowledge and action steps needed, it’s best to contact an attorney familiar with Ohio landlord-tenant laws if you’re still nervous or unsure about how to proceed.
Evicting a Tenant without a Lease in Ohio: Frequently Asked Questions
Can I evict a tenant in Ohio if there is no written lease?
Yes. However, even without a lease, tenants in Ohio still have rights. Landlords can evict tenants by following Ohio law, which requires proper notice and obtaining a court order.
How much notice do I need to give a month-to-month tenant in Ohio?
For month-to-month tenants without a lease, Ohio law requires at least a 30-day written notice to terminate the tenancy. This allows the tenant time to vacate while ensuring the eviction is legally valid.
What happens if a tenant ignores a 3-day notice to pay or quit?
If the tenant fails to comply with a 3-day notice for nonpayment or lease violations, the landlord can file an eviction lawsuit. The court will then schedule a hearing and, if the landlord prevails, issue a Writ of Restitution for enforcement.
Can I change the locks or remove a tenant’s belongings if they refuse to leave?
No. In Ohio, landlords cannot take “self-help” measures like changing locks or removing a tenant’s property without a court order. Doing so can expose the landlord to legal penalties.
What to Do If You Make a Mistake During the Eviction Process
If you make a mistake during the eviction process, such as sending the wrong notice, it can delay your case or even cause the court to dismiss it. The best way to fix errors and follow Ohio landlord-tenant laws is to consult an attorney who handles evictions. They can help you correct the mistake and keep the process moving smoothly.
Are there resources to help landlords navigate no-lease evictions in Ohio?
Yes. Landlords can use legal counsel, landlord associations, Ohio Legal Aid guides, and municipal court templates to ensure compliance, proper documentation, and efficient execution of evictions without leases.