Ohio Revised Code § 1923.02 — Grounds for forcible entry and detainer

Source officielle : codes.ohio.gov — page consultée le 2026-09-21.

Effective: October 3, 2023. Latest Legislation: House Bill 33 - 135th General Assembly.

(A) Proceedings under this chapter may be had as follows:

(1) Against tenants or manufactured home park residents holding over their terms;

(2) Against tenants or manufactured home park residents in possession under an
oral tenancy, who are in default in the payment of rent as provided in division
(B) of this section;

(3) In sales of real estate, on executions, orders, or other judicial process,
when the judgment debtor was in possession at the time of the rendition of the
judgment or decree, by virtue of which the sale was made;

(4) In sales by executors, administrators, or guardians, and on partition, when
any of the parties to the complaint were in possession at the commencement of
the action, after the sales, so made on execution or otherwise, have been
examined by the proper court and adjudged legal;

(5) When the defendant is an occupier of lands or tenements, without color of
title, and the complainant has the right of possession to them;

(6) In any other case of the unlawful and forcible detention of lands or
tenements. For purposes of this division, in addition to any other type of
unlawful and forcible detention of lands or tenements, such a detention may be
determined to exist when both of the following apply:

(a) A tenant fails to vacate residential premises within three days after both
of the following occur:

(i) The tenant's landlord has actual knowledge of or has reasonable cause to
believe that the tenant, any person in the tenant's household, or any person on
the premises with the consent of the tenant previously has or presently is
engaged in a violation of Chapter 2925. or 3719. of the Revised Code, or of a
municipal ordinance that is substantially similar to any section in either of
those chapters, which involves a controlled substance and which occurred in, is
occurring in, or otherwise was or is connected with the premises, whether or not
the tenant or other person has been charged with, has pleaded guilty to or been
convicted of, or has been determined to be a delinquent child for an act that,
if committed by an adult, would be a violation as described in this division.
[...]

(ii) The landlord gives the tenant the notice required by division (C) of
section 5321.17 of the Revised Code.

(b) The court determines, by a preponderance of the evidence, that the tenant,
any person in the tenant's household, or any person on the premises with the
consent of the tenant previously has or presently is engaged in a violation as
described in division (A)(6)(a)(i) of this section.

(7) In cases arising out of Chapter 5313. of the Revised Code. [...]

(8) Against tenants who have breached an obligation that is imposed by section
5321.05 of the Revised Code, other than the obligation specified in division
(A)(9) of that section, and that materially affects health and safety. Prior to
the commencement of an action under this division, notice shall be given to the
tenant and compliance secured with section 5321.11 of the Revised Code.

(9) Against tenants who have breached an obligation imposed upon them by a
written rental agreement;

(10)-(15) [manufactured home park, storage facility and sex-offender registries
divisions conservés dans le texte source, sans objet pour l'outil]

(B) If a tenant or manufactured home park resident holding under an oral tenancy
is in default in the payment of rent, the tenant or resident forfeits the right
of occupancy, and the landlord may, at the landlord's option, terminate the
tenancy by notifying the tenant or resident, as provided in section 1923.04 of
the Revised Code, to leave the premises, for the restitution of which an action
may then be brought under this chapter.

(C)-(E) [divisions sans objet pour l'outil, conservées dans le texte source]