Procedure for Filing Evictions Complaints
Landlords may file an eviction complaint any time without the complaint being reviewed.
A copy of the eviction packet can be downloaded in PDF form here.
Rent Escrow Process
Rent Escrow is the process that by which a tenant to pay rent to the Court instead of the landlord. This process allows a tenant to take action against a landlord to make repairs to a rental property. The specific law the governs this process is found in sections 1923.061, 5321.07, and 5321.08 and Ohio Revised Code.
You may escrow rent if your landlord has violated his repair obligations that materially affect your health and safety. Examples include:
- 1. Failing to keep electrical, plumbing, or heating in good working order.
- 2. Failing to supply heat and hot water at all times.
- 3. Failing to make necessary repairs to the rental unit available.
Before you escrow your rent with the Court, the law requires the following:
- 1. You MUST give your landlord written notice of the violations. You may either mail it to him ot her or deliver it personally. If you want to be sure your landlord receives the notice you may send it by certified mail or "return receipt requested". Always make a copy of the notice before you send it.
- 2. You MUST identify specific violations.
- 3. You MUST give your landlord a reasonable amount of time to correct the violations, about 30 days. If the violations are severe, such as no heat, 48 hours may be considered a reasonable amount of time.
- 4. You MUST be current with your rent. It is important that you always get and keep receipts whenever you pay rent.
- 5. The violations MUST not be caused by your own actions.
- 6. The condition MUST materially affect ones health and safety. This process cannot be used for purely cosmetic repairs such as mildly peeling paint.
If your landlord has failed to make the requested repairs you may then go to the Clerk of Courts and ask to escrow your rent the next time your rent is due. Bring your rent, the written notice that you gave your landlord, the certified returned receipt (if your mailed the written notice), and rent receipts to show that you are current with your rent. You should also request to have the rental unit inspected by contacting your local Code Enforcement Office.
The Clerk will give you oan application to fill out. Attach the notice to the application.
The Clerk will notify the landlord that you have escrowed your rent. You can petition the court to release the rent to pay for the repairs.
** This information should in no way be construed as legal advice. It is intended only as informational and for the sole purpose of informing the general public of the basic rent escrow process. If you feel that you may need legal advice, free legal assistance is available through Legal Aid of Western Ohio (LAWO) for those who qualify. You may contact LAWO by calling the Legal Aid line at 1-888-534-1432 ir you may apply online at www.legalaidline.org **
Civil and Small Claims Fees (revised 03/22/2022)
|Small Claims Complaint (one or two Defendants)||$90.00|
|Each additional defendant (three or more)||$10.00|
|Civil Complaint (one or two defendants)||$130.00|
|Each additional defendant||$10.00|
|Jury Demand Deposit (due before trial date is assigned)||$750.00|
|Amended Complaint, Cross-Complaint, Counterclaim or Third Party Complaint - Each Requiring Service||$50.00|
|Service by Publication||$400.00|
|Additional for Certified Mail||$20.00|
|Bank Attachment (include $1.00 payable to Bank)||$50.00|
|Additional for Certified Mail||$20.00|
|Execution (including $200.00 deposit)**
**complete instructions required; exact location, serial number, detailed description
|Administrative Fees on Judgments||2% (1st $10,000.00)
|Certificate of Judgment||$25.00|
|Subpoena (includes mileage)||$35.00|
|Civil Case Transferred from Another Court||$130.00|
|Small Claims Case Transferred from Another Court||$90.00|
|Re-Opening of Dormant Case||$75.00|
|Appeal to Court of Appeals (payable to Court of Appeals)||$150.00|
|Transfer a Small Claims Case to Civil
(and payment of any outstanding fees and costs)
|Billing Fee (for preparation of Invoice for fees not paid in advance)||$10.00|
|Motion to Vacate||$75.00|
|Attachment Before Judgment||50.00|
|Continuances of Bench Trials (paid in advance)||$25.00|
|All Returned Checks||$51.00|
|Stop Payments||call Court for current bank fee|
|Personal Service (by Bailiff & includes mileage)||$35.00|
|Transfer Case to Another Court||$50.00|
|Objection to Small Claims||$50.00|
|Reissuance of Summons by Certified Mail||$20.00|
|Evictions (Includes Bailiff Personal Service)||$160.00|
|Administrative Appeal of Dog Classification||$125.00|
|Writ Issuance for Eviction||$20.00|