Evictions

 

A Landlord Complaint for eviction can only be filed by the property owner, or an attorney. A property manager, someone acting under a power of attorney, an officer of a corporation, or fellow tenant may not file an eviction or appear in Court on behalf of another person or corporation. 

The right to file a complaint is held solely by the owner of the property. 

To file for eviction in the Toledo Municipal Court, the rental property must be located within the Court’s territorial jurisdiction.

The Toledo Municipal Court has jurisdiction in the City of Toledo, the Village of Ottawa Hills, and Washington Township. Be aware that some Toledo, Ohio mailing addresses are not located in the court’s jurisdiction.  To determine whether a particular address is within the court’s jurisdiction go online at the Lucas County Board of Elections website. 

Before filing an eviction with the court, a Landlord must notify all Tenants in writing to vacate the premises. Depending on the circumstances, this will be a Three-Day Notice or a Thirty-Day Notice.

3-Day Notice (Notice to Leave Premises)
A Three-Day Notice is required for nonpayment of rent. The notice must notify the tenant(s) that they are being asked to leave or an eviction action will be filed against them. They are also advised to seek legal assistance if they have any questions or concerns.

30-Day Notice (Notice of Termination of Tenancy)
For matters concerning a breach or violation of a material provision in the lease, Ohio law requires a Thirty Day Notice. This also applies to month-to-month tenancies where one (1) month notice is required to terminate the lease agreement.   

 If the tenants do not vacate after the end of the thirty day period, the landlord must then give a Three Day Notice before filing in court. 

 

Step 1. Complete the Notice form(s).

 

Step 2. Serve the Tenant the completed Notice form.

  • Below are the acceptable methods of service.
    • Personal service: Handing a written copy of the notice to the defendant in person
    • Residential service: Leaving the notice with someone of suitable age at the Tenant’s primary place of residence
    • Posting service: Leaving the notice on the door of the rental unit
    • Mail Service: Sending the notice via certified mail with return receipt requested
      • Sending the notice via regular mail will not be accepted.
    • When calculating the days for the Three-Day Notice, do not include;
      • the day the notice was served
      • weekends
      • holidays
      • For example: If you post the Three-Day Notice on Thursday, June 30th, you would not file a Landlord Complaint until Thursday, July 7th. This excludes the day the notice was served (June 30th), the weekend (July 2nd-3rd), and a holiday (July 4th).
    • If you do not know the name of someone occupying the residence, list John Doe or Jane Doe on the Notice for each unknown occupant.
  1. Complete a Forcible Entry and Detainer (F.E.D.) Landlord Complaint Form.
    • When filing an eviction for a residential property, list the names of all residents, over eighteen (18) years old that you wish to evict as Defendants.
    • When filing an eviction from a commercial property, list all commercial entities you wish to evict as Defendants.
    • If you do not know the name of someone occupying the premises, you must list John or Jane Doe for each party on the Notice as well as the Landlord Complaint.
    • It is crucial that you provide the correct street address, including apartment number (i.e. Upper or Lower Unit), and complete zip code to ensure proper service of the Landlord Complaint.

  2. Complete a Landlord Packet.
    The Landlord Packet includes two forms:
    • Civil Bailiff Sheet
      This form is needed to provide contact information to the Civil Bailiff’s Department for service and eviction information. Please provide your email address for fastest communication with the Civil Bailiff’s Department.
    • F.E.D. Court Date Sheet
      This form will be returned to you as confirmation of the scheduled date, time, and location for your Hearing

  3. For a complete Filing, you must include;
    1. Original document, plus two (2) copies per tenant of completed Landlord Complaint, Notice(s), and Written Lease Agreement (if applicable).
    2. One (1) completed Landlord Packet
    3. One (1) copy of each of the following: proof of rental registration, proof of ownership, and criminal certification. Or if you do not have any of those documents a completed Eviction Non-Compliance Affidavit.

 

 

  1. Eviction (Restitution) only:                $124.50   
    1. Add $22.50 for each additional tenant
    2. This cause of action only determines whether the tenant(s) will be evicted. This case will not address money damages such as back rent and/or property damage.

  2. Property Damages only: $113.50                                       
    1. Add $11.50 for each additional tenant
    2. This cause of action is only for money damages such as back rent and property damage. This case will not address whether the tenant will be evicted from the property.     

  3. Eviction (Restitution) & Damages: $139.50 
    1. Add $22.50 for each additional tenant

      Example: To file against two tenants for Restitution & Damages, you must include five (5) copies of the Filing, a completed Landlord Packet, and a filing fee of $162 ($139.50 + $22.50)

    2. This cause of action will address both the eviction as well as any money damages such as back rent and property damage.

  4. Acceptable forms of payments: Cash, Check, Money Order, or Credit/Debit Card

  5. Payments by debit or credit cards are subject to an additional 5% processing fee.

You can file the forms via our e-file portal, in person, or by mail.

E-file
You will need to create an account on the site.

In-Person
Toledo Municipal Court
555 North Erie Street
Toledo, OH 43604

The civil division is located in the basement of the courthouse


Mail
Clerk of Court
Civil Division
555 North Erie Street
Toledo, OH 43604


The Clerk's office will set the case for hearing at least fourteen (14) days from the date of filing or as the court’s docket permits. Eviction hearings are scheduled before a Housing Court Magistrate, weekdays at 1:30 p.m.

The Civil Division will return your receipt and the FED Court Date Sheet completed with the date, time, and location of your scheduled F.E.D. Hearing.

The Clerk will mail copies of your filing to each Tenant at the address you provide.

The Toledo Municipal Court Civil Bailiff’s Department will attempt to serve another copy of the Filing to each Tenant at the rental unit. You may also choose to have the Clerk serve an additional copy via certified mail for an additional $11.50 fee per defendant.

An F.E.D. Eviction Hearing is for Restitution of the Property (1st cause of action).  This hearing will only address whether the Tenant will be evicted from the property.  This hearing will not address any money damages owed, such as back rent. 

At the hearing date, both parties will have the opportunity to mediate their disputes with the Toledo Municipal Court’s Citizens Dispute Settlement Program.  If the mediation is declined or unsuccessful, both parties will be allowed to present their case to the Housing Court Magistrate.  After the hearing, the Magistrate will make a Decision and submit a Recommendation to the Housing Court Judge. 

If the Landlord/Plaintiff is granted judgment at the hearing, he/she may file a Praecipe for Writ of Restitution for $50.00 in the Civil Division of the Clerk’s Office immediately after the hearing.  The Writ of Restitution is the legal document which allows the Civil Bailiffs to forcibly enter the property and remove the occupants. 

Please see the Civil Bailiff’s Department for instructions regarding scheduling an eviction date.   The Bailiff's office is located in the basement of the Courthouse next to the Civil Clerk's Office. Their phone number is 419-245-1915.

At the conclusion of the F.E.D. Hearing, if the Landlord has also filed a 2nd cause of action to recover money damages (back rent or property damages) the Housing Court Magistrate will set a date for the Tenant to file a written Answer to the Landlord Complaint for money damages. If the Tenant/Defendant timely files an Answer, the Court will schedule a Pre-Trial with the Housing Court Judge.  The Housing Court Judge will then handle the case until a resolution is reached. 

If the Tenant/Defendant fails to file an Answer, The Plaintiff may file a Motion for Default Judgment.  The judge can then grant judgment for the plaintiff and schedule an Assessment of Damages (AOD) hearing to determine the amount of the judgment.  At the Assessment of Damages Hearing, both parties will be allowed to present their case to the Housing Court Magistrate regarding money damages.  After the hearing, the Magistrate will make a Decision and submit a Recommendation to the Housing Court Judge.

The Magistrate’s Decision and Recommendation requires a Judge’s approval to become legally enforceable.  If either party disagrees with the Magistrate’s Decision at the Eviction or the Assessment of Damages Hearings, they may file a written Objection within fourteen (14) days of the decision. 

 

1. How to fill out the Objection Form

  • Case Number: The case number you were assigned
  • Plaintiff: The plaintiff is the person(s) filing the claim. Enter the legal name, full address and phone number in the upper left hand corner of the form on the lines designated. Complete names and complete addresses must be provided.
  • Defendant: The defendant is the party or parties that were sued.  In the lines designated on the upper right hand corner of the form, enter the name, address, and phone number (if known) of the defendant.  Complete names and complete addresses must be provided. 
  • Body: This is the blank box under the defendant name. Enter the reason why you are objecting to the Magistrate's decision. 
  • Signature: Sign the form
  • Certification: You must send a copy of your objection to the other party. Fill in the other's party's name and the date. Mail them a copy of the completed objection form.

 

2. Time Period
The objection must be filed within fourteen (14) days of the date the Magistrate's Recommendation was time-stamped by the Clerk’s office.  If you requested a Findings of Fact, the fourteen (14) day time period begins from the date the Clerk's office time-stamped the findings.

3. Filing Fee
The filing fee is $3.00. 

4. Filing Methods
You can file via the e-file portal, mail or in person. 

 

Once filed, a Judge will review and rule on the Objection. 

 

  1. Hire an attorney. You can find an attorney through the Toledo Bar Association. 

  2. If you can't afford an attorney there are programs to help for those who qualify. 
  3. Public Resources

 

 

  • Court Rules » We recommend reading the Court Rules before appearing!

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Vallie Bowman-English
Clerk of Toledo Municipal Court