To evict a roommate in Ohio, you serve written notice to leave, and if they stay past the notice period you file a forcible entry and detainer action in the municipal or county court for the property’s location. Only a court can order the removal, and only a bailiff or sheriff can carry it out. Changing the locks, cutting utilities, or putting their things on the curb is illegal no matter how overdue the rent is or how badly the arrangement has broken down.
First, Figure Out Whether You Can Evict Them at All
Your legal relationship with the person controls whether you have the right to file anything.
- If you both signed the same lease with the landlord, you are co-tenants. Neither of you can evict the other. Your options are to ask the landlord to act or to negotiate a lease change.1Ohio Legislative Service Commission. Ohio Revised Code 5321.07 – Failure of Landlord to Fulfill Obligations – Remedies of Tenant
- If you hold the lease (or own the home) and your roommate pays rent to you under a written or verbal arrangement, you are functioning as their landlord and can file.
- If they live with you by permission with no rent agreement, they’re a licensee. Ohio still treats them as a tenant for eviction purposes, so the same formal process applies.2Ohio Legislative Service Commission. Ohio Revised Code 1923.04 – Notice, Service
Everything below assumes you fall into one of the last two categories.
Why Self-Help Will Cost You
Ohio law prohibits any attempt to force a tenant out except through the formal eviction process. No lockouts, no shutting off heat or water, no removing belongings. A roommate who’s locked out or has their property seized can sue you for actual damages plus reasonable attorney fees.3Ohio Legislative Service Commission. Ohio Revised Code 5321.15 – Acts of Landlord Prohibited if Residential Property Involved Emergency housing, replacement belongings, and lawyer bills add up quickly. The court path is slower but it’s the only one that ends with them actually gone and you not writing a check.
Grounds That Let You File
Ohio’s forcible entry and detainer statute allows eviction for a limited set of reasons. The ones that apply to most roommate situations:4Ohio Legislative Service Commission. Ohio Revised Code 1923.02 – Persons Subject to Forcible Entry and Detainer Action
- Unpaid rent that hasn’t been cured.
- A breach of the sublease or rental agreement, such as serious damage or prohibited pets.
- Drug-related or other illegal activity on the premises.
- Holding over after the rental term has ended.
- Ending a month-to-month arrangement without a specific fault reason, which is allowed with proper notice.
Serving the Right Notice
You cannot file an eviction case until the roommate has been served written notice and the waiting period has run out. The notice depends on why you’re evicting.
Three-Day Notice for For-Cause Evictions
If you’re evicting for unpaid rent, a lease violation, or holding over, give at least three days’ notice before filing. The notice must include specific statutory language telling the roommate that an eviction action may follow and recommending they seek legal help.2Ohio Legislative Service Commission. Ohio Revised Code 1923.04 – Notice, Service Copy the wording from the statute verbatim. Courts throw out eviction cases over missing or altered notice language.
Thirty-Day Notice to End a Month-to-Month
No specific fault to cite? You need at least 30 days’ notice before the next rent due date to end a month-to-month arrangement. For a week-to-week, it’s seven days.5Ohio Legislative Service Commission. Ohio Revised Code 5321.17 – Termination of Tenancy Count backward from the rent due date, not from the day you hand over the paper.
How to Deliver It
Three methods are accepted: handing the notice to your roommate in person, leaving a written copy at the unit or their usual residence, or sending it by certified mail with return receipt requested.2Ohio Legislative Service Commission. Ohio Revised Code 1923.04 – Notice, Service Certified mail creates proof of delivery, which matters if the roommate claims they never got it. Keep a copy of whatever you serve.
Filing the Eviction Complaint
If the notice period passes and your roommate is still there, file a Forcible Entry and Detainer complaint in the municipal or county court covering the property’s address.4Ohio Legislative Service Commission. Ohio Revised Code 1923.02 – Persons Subject to Forcible Entry and Detainer Action Bring the complaint form and a copy of the notice you served to the clerk. You can also request a money judgment for unpaid rent or damages in the same filing, which saves a second lawsuit later.
Filing fees vary by court and typically start around $160 for a single defendant, with more charged for additional defendants or when a money claim is combined with the possession claim. Call the clerk’s office for the exact amount before you go.
Once you file, the court schedules a hearing and arranges service of the summons and complaint on your roommate. The hearing cannot be set sooner than seven days after service.6Ohio Legislative Service Commission. Ohio Revised Code Chapter 1923 – Forcible Entry and Detainer
The Hearing
Eviction hearings move fast. Continuances are capped at eight days unless you request the delay or the roommate posts a bond for accruing rent.6Ohio Legislative Service Commission. Ohio Revised Code Chapter 1923 – Forcible Entry and Detainer Bring everything that supports your case: the sublease or any written agreement, records of what was paid and what wasn’t, photos of damage, and proof that you properly served the notice.
Your roommate doesn’t have to file a written answer in advance. They can simply show up and present defenses at the hearing. If the judge finds your grounds valid and your process clean, you get a judgment for possession. Any money damages you asked for can be awarded in the same ruling.
Getting Them Physically Out
A possession judgment on paper doesn’t move anyone. If your roommate still refuses to leave, ask the court for a writ of execution.7Ohio Legislative Service Commission. Ohio Revised Code 1923.13 – Writ of Execution That writ authorizes a bailiff or sheriff to carry out the removal. There’s an additional fee, usually modest next to the filing cost.
The bailiff posts the writ at the property, giving the roommate a final window—often five to seven days, depending on the court—to leave on their own. If they haven’t gone by then, the bailiff returns to physically remove them. Belongings left behind may be treated as abandoned, but what happens next varies by county. Some Ohio jurisdictions consider items left after the set-out forfeited to the landlord; others expect a brief holding period. Check with the bailiff’s office about local procedure before you throw anything away.
Returning the Security Deposit
If you collected a deposit, Ohio law gives you 30 days after the tenancy ends and the roommate surrenders possession to either return it or send an itemized statement of deductions with any remaining balance.8Ohio Legislative Service Commission. Ohio Revised Code 5321.16 – Procedures for Security Deposits You can deduct for unpaid rent and damage beyond normal wear and tear, but each deduction has to be identified in writing.
Your roommate has to give you a forwarding address to receive the notice. If they don’t, they lose the right to recover damages or attorney fees for a late return. If they do give you an address and you miss the 30 days or wrongfully withhold money, they can recover the amount wrongfully kept, an equal amount in additional damages, and reasonable attorney fees.8Ohio Legislative Service Commission. Ohio Revised Code 5321.16 – Procedures for Security Deposits Send the letter on time.
If Your Roommate Is on Active Military Duty
The federal Servicemembers Civil Relief Act adds protections for active-duty servicemembers and their dependents. You cannot evict a servicemember from a residence during their period of service without a court order, and the protection applies when monthly rent falls under a federally adjusted threshold.9U.S. Department of Justice. Servicemembers and Veterans Initiative – Financial and Housing Rights10Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress A servicemember can also request a stay of at least 90 days if military duties keep them from appearing, and the court can appoint someone to represent their interests when they can’t be reached.11United States Courts. Servicemembers Civil Relief Act (SCRA) If there’s any chance your roommate is in the military, verify through the Department of Defense’s SCRA website before filing. Getting this wrong can void the eviction and expose you to federal liability.