Evictions (Forcible Entry and Detainer actions, or FED's) are
legal proceedings brought by a Landlord against a Tenant
(residential, manufactured home park or commercial) to recover
the rental unit.
Evictions may be brought because the Tenant has failed to
comply with the lease or rental agreement, or because the lease
or rental agreement has ended and the Tenant has not returned
possession of the rental unit. "Return of possession" occurs
when the Tenant surrenders the keys to the Landlord.
FILING AN EVICTION
An eviction may only be filed in Toledo Municipal Court if
the rental property for which you are seeking possession is
located within the City of Toledo, the Village of Ottawa Hills,
or Washington Township. (The Court cannot grant a judgment for
properties with a Toledo post office address that are not within
the above jurisdictions.)
Complete the Landlord's Complaint and attach to it copies of
all required documents: Notice of Termination of Tenancy (if
applicable); Notice to Leave the Premises (required); written
lease (if applicable); and any other applicable documents.
Make 4 copies of the Landlord's Complaint and all exhibits
(necessary documents) for each occupant of the premises (i.e., 8
copies if for two occupants). You should also make a copy for
File the original Complaint and all copies with the Civil
clerk in the basement of the Toledo Municipal Court. The clerk will
mail copies of the Complaint to each Tenant at the address you
provide by regular mail. The bailiff will attempt service of another
copy at the rental unit. You may choose to have the clerk mail an
additional copy by certified mail. You must provide the correct street
address, including apartment number, and complete zip code for proper
service of the Complaint.
Note: A Landlord's Complaint may only be filed by the owner
of the property. A property manager, someone acting under a
power of attorney, an officer of a corporation, etc. may not
prepare a Landlord's Complaint or appear in Court for another
person or on behalf of the corporation. If you are not the owner
of the property, an attorney at law must prepare the Complaint
and must represent the owner in all court proceedings. Various
Ohio laws spell out the steps that must be taken to bring an
The procedure to be followed for all evictions, including
termination of some land contracts, is found at Chapter 1923 of
the Revised Code.
Click here for the
Do's and Don'ts of the Eviction Process
the Clerk's web site for filing information
WHEN WILL THE CASE BE HEARD?
Evictions are heard by a housing court magistrate every
afternoon at 1:30 p.m. The clerk will schedule the hearing date
approximately 3 weeks after the Complaint is filed. Have your
copy of the Complaint and all supporting documents and necessary
witnesses in Court on the day of the hearing.
WHAT HAPPENS AFTER COURT?
If judgment is entered for the Landlord, a Civil Bailiff will oversee the eviction.
Additional eviction information
Home Lockout Information (PDF)
Eviction Information (PDF)
A Landlord may not use "self-help" remedies to regain
possession of the premises, and may only recover possession of
the rental unit through either (a) a voluntary return by the
Tenant, or (b) through an eviction proceeding filed in the
municipal court where the property is located. (There may be an
exception for those business premises when the terms of the
written lease expressly provide for self-help, but only where
there is no breach of the peace.)
A Landlord may not move a Tenant's furniture from the rental
unit, lock the tenant out, or threaten any unlawful act
including utility shut-off to regain possession.
Various Ohio laws spell out the steps that must be taken to
bring an eviction. The procedure to be followed for all
evictions, including termination of some land contracts, is
found at Chapter 1923 of the Revised Code.