Ohio Forcible Entry & Detainer Complaint (Eviction)

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER AND FOR MONEY DAMAGES — OHIO

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Tenancy and Premises
4. Notice Prerequisites Satisfied
5. First Cause of Action — Forcible Entry and Detainer
6. Second Cause of Action — Money Damages
7. Prayer for Relief
8. Verification
9. Signature and Service Blocks
10. Praecipe for Service
11. Required Exhibits
12. Ohio Practice Notes
13. Sources and References

1. CAPTION

IN THE [____________] MUNICIPAL COURT / COUNTY COURT

[____________] COUNTY, OHIO

[CIVIL DIVISION / HOUSING DIVISION]

CASE NO. [________________________________]

JUDGE: [________________________________]

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER AND FOR MONEY DAMAGES

(Jury Demand Endorsed Hereon as to Second Cause of Action: ☐ Yes / ☐ No)

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff [LANDLORD NAME] (the "Landlord") is [☐ a natural person residing in / ☐ an Ohio limited liability company / ☐ an Ohio corporation / ☐ a foreign entity authorized to do business in Ohio with principal office at] [____________] County, Ohio, and is the owner and/or landlord of the residential premises described below.

2.2 Defendant [TENANT NAME] (the "Tenant") is a natural person who resides at and holds possession of the Premises in [____________] County, Ohio.

2.3 Defendants John Doe and Jane Doe are unknown occupants in possession whose names are not currently known to the Landlord and who are joined as parties pursuant to Ohio Civ. R. 15(D).

2.4 Subject-matter jurisdiction. This Court has jurisdiction over forcible-entry-and-detainer actions pursuant to Ohio Rev. Code § 1923.01 and § 1901.18 [or § 1907.01 for County Court]. The amount in controversy on the Second Cause of Action does not exceed the monetary jurisdictional limit of this Court ($15,000 in Municipal Court; $15,000 in County Court).

2.5 Venue. Venue is proper in this Court under Ohio Civ. R. 3(C) and R.C. § 1923.01 because the Premises are located in the Court's territorial jurisdiction.

3. TENANCY AND PREMISES

3.1 The "Premises" are the following residential rental unit:

[STREET ADDRESS], [UNIT NO.], [CITY], [COUNTY] County, Ohio [ZIP].

3.2 On or about [__/__/____], Plaintiff and Defendant entered into a [☐ written / ☐ oral] rental agreement (the "Agreement") for the Premises. A true and accurate copy of the written Agreement, if any, is attached as Exhibit A.

3.3 The Agreement is currently a [☐ month-to-month / ☐ week-to-week / ☐ fixed-term ending [__/__/____] / ☐ other: ____________] tenancy.

3.4 The current monthly rent is $[__________], due on the [____] day of each month, payable to the Landlord at [____________].

3.5 Defendant took possession of the Premises on or about [__/__/____] and remains in possession.

4. NOTICE PREREQUISITES SATISFIED

4.1 3-Day Notice to Leave the Premises (R.C. § 1923.04). On [__/__/____], Plaintiff served upon Defendant a written Three-Day Notice to Leave the Premises, which contained the statutory warning language required by R.C. § 1923.04(A) printed in a conspicuous manner. A true and accurate copy of the 3-day notice and proof of service are attached as Exhibit B. More than three (3) days, exclusive of the date of service, have elapsed.

4.2 Method of Service of the 3-Day Notice. The 3-day notice was served by (check all that apply):

☐ Personal delivery to Defendant.

☐ Leaving with a person of suitable age and discretion at Defendant's usual place of abode, namely [____________].

☐ Posting in a conspicuous place on the Premises.

☐ Certified mail, return receipt requested, tracking no. [____________].

☐ Regular U.S. mail, paired with posting.

4.3 Predicate Termination Notice (where applicable). ☐ Not applicable (action based on nonpayment of rent only). ☐ On [__/__/____], Plaintiff served a 30-Day Notice [☐ to Cure or Quit under R.C. § 5321.11 / ☐ of Termination of Tenancy under R.C. § 5321.17(B) / ☐ 7-Day Termination under R.C. § 5321.17(A)]. A true and accurate copy is attached as Exhibit C. The cure/notice period has expired without cure or surrender.

4.4 CARES Act 30-Day Notice (where applicable). ☐ Not applicable — the Premises are not a "covered dwelling" under 15 U.S.C. § 9058. ☐ The Premises are a covered dwelling, and a 30-day notice to vacate compliant with 15 U.S.C. § 9058 was served on [__/__/____]; copy attached as Exhibit D.

4.5 Subsidized Tenancy Notices (where applicable). ☐ Not applicable. ☐ Notice required under 24 C.F.R. Part 247 / Part 966 / Part 982 was served on [__/__/____]; copy attached as Exhibit E.

4.6 Plaintiff has complied with all statutory and contractual notice prerequisites required to maintain this action.

5. FIRST CAUSE OF ACTION — FORCIBLE ENTRY AND DETAINER

5.1 Plaintiff incorporates Paragraphs 2.1 through 4.6 as if fully restated.

5.2 Defendant is a person against whom forcible entry and detainer proceedings may be had under Ohio Rev. Code § 1923.02(A)[☐ (1) tenants holding over their terms / ☐ (4) tenants in default of rent / ☐ (9) those whose tenancy has been terminated / ☐ (11) criminal-activity termination / ☐ (other: ____________)].

5.3 The grounds for this F.E.D. action are (check all that apply):

☐ Nonpayment of rent. As of [__/__/____], Defendant owes Plaintiff $[__________] in unpaid rent for the period(s) [____________], which has not been cured despite the 3-day notice.

☐ Holdover after termination of periodic tenancy. Defendant's [☐ month-to-month / ☐ week-to-week] tenancy was terminated effective [__/__/____] pursuant to a 30-day (or 7-day) notice under R.C. § 5321.17, and Defendant has remained in possession.

☐ Material noncompliance with rental agreement / R.C. § 5321.05. Defendant materially breached the Agreement and/or § 5321.05 by [____________], and the breach was not cured within thirty (30) days following notice under R.C. § 5321.11.

☐ Criminal activity / drug activity on the Premises. The Premises were used for illegal drug activity or other prohibited criminal activity, terminating the tenancy under R.C. § 1923.02(A)(11) / § 5321.04(A)(9) / § 5321.05(A)(9).

☐ Other: [____________].

5.4 Defendant remains in possession of the Premises unlawfully and without right.

5.5 Plaintiff is entitled to immediate restitution of the Premises and to a writ of restitution pursuant to R.C. § 1923.13 and § 1923.14, returnable not less than ten (10) days after judgment.

6. SECOND CAUSE OF ACTION — MONEY DAMAGES

6.1 Plaintiff incorporates Paragraphs 2.1 through 5.5 as if fully restated.

6.2 Defendant has breached the Agreement by failing to pay rent and other charges due under the Agreement, and by [☐ damaging the Premises beyond ordinary wear and tear / ☐ other: ____________].

6.3 Itemized damages owed by Defendant to Plaintiff:

6.4 All conditions precedent to recovery have been performed, satisfied, or excused.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

A. On the First Cause of Action: restitution of the Premises; issuance of a writ of restitution pursuant to R.C. § 1923.13–.14, returnable not less than ten (10) days after judgment;

B. On the Second Cause of Action: money damages in the total sum of $[__________], plus pre-judgment and post-judgment interest at the statutory rate per R.C. § 1343.03;

C. Costs of this action;

D. Reasonable attorneys' fees, where authorized by contract or statute (including but not limited to R.C. § 5321.16(C) where applicable); and

E. Such other and further relief as the Court deems just and equitable.

JURY DEMAND (Second Cause of Action only): Plaintiff [☐ demands / ☐ does not demand] trial by jury on the Second Cause of Action pursuant to Ohio Civ. R. 38.

8. VERIFICATION

STATE OF OHIO )

COUNTY OF [____________] ) SS:

I, [LANDLORD / AUTHORIZED AGENT NAME], being first duly sworn, depose and state that I am the Plaintiff (or duly authorized agent of the Plaintiff) in the foregoing action; that I have read the foregoing Complaint; and that the matters and facts therein stated are true to the best of my knowledge, information, and belief.

________________________________

[Name and Title]

Sworn to before me and subscribed in my presence this ____ day of ______________, 20____.

________________________________

Notary Public — State of Ohio

My commission expires: [__/__/____]

9. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

________________________________

[ATTORNEY NAME], Esq. (Ohio Sup. Ct. Reg. No. [____________])

[FIRM NAME]

[ADDRESS]

[CITY, STATE, ZIP]

Telephone: [____________]

Fax: [____________]

Email: [________________________________]

Counsel for Plaintiff [LANDLORD NAME]

10. PRAECIPE FOR SERVICE

TO THE CLERK:

Please issue summons and a copy of the foregoing Complaint and all exhibits to the Defendant(s) at the following address:

[TENANT NAME]

[ADDRESS OF PREMISES]

[CITY, OHIO ZIP]

Method of service requested (per R.C. § 1923.06 and Ohio Civ. R. 4–4.6):

☐ Certified U.S. Mail, return receipt requested (clerk).

☐ Ordinary U.S. Mail (upon return of certified mail unclaimed/refused).

☐ Personal service by bailiff/process server.

☐ Posting in a conspicuous place on the Premises by bailiff (when other methods fail).

☐ Other: [____________].

________________________________

[ATTORNEY NAME], Counsel for Plaintiff

11. REQUIRED EXHIBITS

• Exhibit A — Written Rental Agreement (or Affidavit of Oral Tenancy).
• Exhibit B — 3-Day Notice to Leave the Premises and Proof of Service.
• Exhibit C — 30-Day Cure / Termination Notice (if applicable).
• Exhibit D — CARES Act 30-Day Notice (if applicable).
• Exhibit E — Subsidized-Housing Notice (if applicable).
• Exhibit F — Rent Ledger / Payment History.
• Exhibit G — Photographs of Damage (if Second Cause asserts damage).
• Exhibit H — Local Cover Sheet / Eviction Information Sheet (per local rules).

12. OHIO PRACTICE NOTES

12.1 Two-Cause Structure and Discovery

The First Cause (possession) is heard quickly — typically within 30 days of filing under R.C. § 1923.05. Discovery on the First Cause is permitted only with leave of court under R.C. § 1923.061; informally, courts rarely permit it given the expedited schedule. The Second Cause (money) proceeds under ordinary civil rules and supports full discovery, including under Civ.R. 33–37. A defendant's counterclaim for security deposit, rent escrow, retaliation, or habitability is typically asserted in response to the Second Cause.

12.2 Hearing Timeline (R.C. § 1923.05)

The clerk sets the hearing not less than 7 nor more than 30 days from filing. Many counties have weekly eviction dockets. Plaintiff (or counsel) and Defendant must appear; default judgment is entered against an absent Defendant on the First Cause.

12.3 Service (R.C. § 1923.06; Civ.R. 4 Limited Application)

R.C. § 1923.06 provides the F.E.D.-specific service framework: clerk issues by certified mail; if returned, ordinary mail plus posting/bailiff. Civ.R. 1(C)(3) excludes F.E.D. from the Civil Rules to the extent of conflict, though courts apply Civ.R. 4.1–4.6 by analogy where § 1923.06 is silent.

12.4 Continuance and Bond (R.C. § 1923.07–.08)

A defendant requesting a continuance beyond 8 days must post a bond covering rent and damages accruing during the continuance unless the court orders otherwise.

12.5 Writ of Restitution; 10-Day Stay (R.C. § 1923.14)

Following judgment, the writ may not be executed for 10 days. The bailiff sets out the tenant; the landlord must arrange for storage of personal property (R.C. § 1923.15) or comply with local set-out rules (Cuyahoga County: bailiff supervises set-out; Franklin County: 5-day move-out window; verify locally).

12.6 Local Variations

• Cleveland Housing Court (specialized division of Cleveland Municipal Court) — Pay-to-Stay (C.O. § 375); right-to-counsel for income-eligible tenants.
• Franklin County Municipal Court (Columbus) — environmental court for housing matters.
• Hamilton County Municipal Court (Cincinnati) — Mun. Code Ch. 870/871 source-of-income protections; eviction-prevention measures.
• Cuyahoga County / Cleveland, Toledo, Akron, Dayton, Youngstown — verify local rules and cover sheets.

12.7 Mootness on Cure

Acceptance of full payment after filing generally moots the First Cause as to nonpayment, though the Second Cause survives. Reserve rights in any post-filing payment acceptance.

12.8 No Bar to Later Action (R.C. § 1923.03)

A judgment for the Defendant on the F.E.D. claim does not bar a later action by the Landlord on subsequent grounds (e.g., a new default), per R.C. § 1923.03.

12.9 Pre-Filing Checklist

☐ Lease and ledger reviewed; arrears confirmed.
☐ Termination notice (if any) properly served and expired.
☐ 3-day notice contains R.C. § 1923.04 statutory language verbatim and is properly served.
☐ Acceptance of rent post-notice has been avoided or expressly reserved.
☐ CARES Act applicability checked.
☐ Subsidized-housing notices, if any, run concurrently.
☐ Local pay-to-stay / right-to-counsel ordinance compliance verified.
☐ Local court forms, cover sheets, and filing fees confirmed.
☐ Service address and any forwarding address confirmed.

13. SOURCES AND REFERENCES

• Ohio Rev. Code Chapter 1923 — Forcible Entry and Detainer: https://codes.ohio.gov/ohio-revised-code/chapter-1923
• Ohio Rev. Code § 1923.02 — Persons Subject: https://codes.ohio.gov/ohio-revised-code/section-1923.02
• Ohio Rev. Code § 1923.04 — Notice; Service: https://codes.ohio.gov/ohio-revised-code/section-1923.04
• Ohio Rev. Code § 1923.05 — Complaint; Summons; Hearing: https://codes.ohio.gov/ohio-revised-code/section-1923.05
• Ohio Rev. Code § 1923.06 — Service of Summons: https://codes.ohio.gov/ohio-revised-code/section-1923.06
• Ohio Rev. Code § 1923.061 — Defenses; Counterclaims: https://codes.ohio.gov/ohio-revised-code/section-1923.061
• Ohio Rev. Code § 1923.13–.15 — Writ; Set-Out; Storage: https://codes.ohio.gov/ohio-revised-code/chapter-1923
• Ohio Rev. Code Chapter 5321 — Landlords and Tenants: https://codes.ohio.gov/ohio-revised-code/chapter-5321
• Ohio Rules of Civil Procedure (Rules 4, 8, 10, 12, 38): https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/civil/CivilProcedure.pdf
• 15 U.S.C. § 9058 — CARES Act: https://www.law.cornell.edu/uscode/text/15/9058
• 24 C.F.R. Part 247 — HUD Subsidized Housing: https://www.ecfr.gov/current/title-24/part-247
• Cleveland Municipal Court / Housing Court: https://clevelandmunicipalcourt.org/
• Franklin County Municipal Court — Eviction Resources: https://www.fcmcclerk.com/
• Hamilton County Municipal Court: https://www.hamilton-co.org/government/courts
• Ohio Legal Help — Filing Eviction: https://www.ohiolegalhelp.org/topic/eviction